Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sparks, in the matter of IG Energy Holdings (Australia) Pty Ltd [2023] FCA 538 File number(s): QUD 155 of 2023
Judgment of: HALLEY J
Date of judgment: 29 May 2023
Catchwords: CORPORATIONS – application by administrators for direction under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) (Act) that administrators are justified in pursuing the rebuild of the Callide C Power Station which is a primary asset of the second to fifth plaintiffs – application allowed CORPORATIONS – application by administrators for orders under s 447A(1) of the Act to limit personal liability of administrators in pursuing the rebuild of the Callide C Power Station – application allowed PRACTICE AND PROCEDURE – application by administrators for suppression orders – Federal Court of Australia Act 1976 (Cth), s 37AE, s 37AF and s 37AG – whether necessary for the proper administration of justice – application granted
Legislation: Corporations Act 2001 (Cth) ss 9, 435A, 443A, 447A, Sch 2, Insolvency Practice Schedule (Corporations) ss 90-15, 90-20 Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG Federal Court (Corporations) Rules 2000 (Cth) r 2.13
Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) [2022] FCA 1506 Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377; [2020] FCAFC 44 Hall v Poolman (2009) 75 NSWLR 99; [2009] NSWCA 64 In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (administrators appointed) & Ors [2015] NSWSC 2003 Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533 Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 1144 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 Lewis and Templeton and Another v LG Electronics Australia Pty Ltd and Others (No 2) (2016) 48 VR 450; [2016] VSC 63 Manly Warringah Cabs (Trading) Co-operative Limited v Sydney Taxis Pty Ltd, in the matter of Sydney Taxis Pty Ltd (No 2) [2020] FCA 1336 Mentha, in the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 1469 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1; [1998] HCA 30 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409; [2002] FCA 90 Re Dalma No 1 Pty Ltd (in liq) (2013) 279 FLR 80; [2013] NSWSC 1335 Re Jick Holdings Pty Ltd (in liq) (2009) 234 FLR 22; [2009] NSWSC 574 Re RCR Tomlinson Ltd [2018] NSWSC 1859 Reidy, in the matter of eChoice Ltd (Administrators Appointed) [2017] FCA 1582 Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493 Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717
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