Mansfield (liquidator), in the matter of NR Complex Pty Ltd (in liquidation) (receivers and managers appointed) [2023] FCA 614

Federal Court of Australia

Mansfield (liquidator), in the matter of NR Complex Pty Ltd (in liquidation) (receivers and managers appointed) [2023] FCA 614 File number(s): NSD 773 of 2022

Judgment of: HALLEY J

Date of judgment: 8 June 2023

Catchwords: INSOLVENCY – application by liquidator seeking orders to be appointed as voluntary administrator under s 436B(2)(g) of the Corporations Act 2001 (Cth), "truncated administration orders" under s 447A of the Act, judicial advice to not receive a "Report on Company Affairs and Property" under s 90-15(1) of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Act and a stay of the winding up of the company under s 482(1) of the Act – application granted

Legislation: Corporations Act 2001 (Cth) ss 428, 436B, 436E, 438B, 439A, 439C, 447A, 448B, 448C, 482, Insolvency Practice Schedule (Corporations) ss 90-15, 90-20

Cases cited: Asia Pacific Glass Pty Ltd v Sindea Trading Co (No 2) [2003] NSWSC 845 Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30 Australian Securities and Investments Commission v Diploma Group Limited (No 5) [2017] FCA 1147 Deputy Commissioner of Taxation (Cth) v Foodcorp Pty Ltd (1994) 13 ACSR 796 Deputy Commissioner of Taxation v Advant Pty Ltd (Administrators Appointed) [2017] FCA 1123 Hughes, in the matter of Vah Newco No. 2 Pty Ltd (in liq) [2020] FCA 1121 In the matter of Equiticorp Australia Ltd (in liq) and Ors [2020] NSWSC 143 In the matter of Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 In the matter of Wabbits Pty Ltd [2018] NSWSC 532 In the matters of MROC Car Wholesalers Pty Ltd and ors [2017] NSWSC 287 Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533 Parkes Leagues Club Co-op Limited (In Liq) [2004] NSWSC 16 Peter Ngan re JKB Constructions Pty Ltd [2006] NSWSC 1040 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409; [2002] FCA 90 Re Broens Pty Limited (in liq) [2018] NSWSC 1747 Re Cobar Mines Pty Ltd (In Liq) (1998) 30 ACSR 125 Re Keldane Pty Ltd (in liq) [2011] VSC 385 Re MF Global Australia Ltd (in liq) (2012) 267 FLR 27; [2012] NSWSC 994 Schwarz, in the matter of Gordon Smith Marketing Pty Ltd (Administrator Appointed) [2016] FCA 1378; Diploma Group Sims, in the matter of Destra Corporation Limited [2009] FCA 1199 Smith in the matter of Actively Zoned Pty Ltd (in liq) [2012] FCA 605 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717