Federal Court of Australia
Federal Court of Australia
Jahani, in the matter of Ralan Property Services Pty Ltd (receivers and managers appointed) (in liq) [2023] FCA 738 File number: NSD 594 of 2023
Judgment of: STEWART J
Date of judgment: 26 June 2023
Date of publication of reasons: 4 July 2023
Catchwords: CORPORATIONS – approval for funding agreements and retainer agreements under s 477(2B) of the Corporations Act 2001 (Cth) – directions under s 90-15 of the Insolvency Practice Schedule (Corporations) 2016 – funding by a company in liquidation of proceedings by it and other companies in liquidation – liquidators' pursuit of claims that may fall within the security interests of secured creditors
Legislation: Corporations Act 2001 (Cth) s 477(2B); Sch 2 (Insolvency Practice Schedule (Corporations) 2016) s 90-15 Federal Court Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Deangrove Pty Ltd (Receivers and Managers Appointed) v Commonwealth Bank of Australia [2001] FCA 173; 108 FCR 77 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2011] FCAFC 89; 281 ALR 38 Frigger v Kitay (No 2) [2020] FCA 497; 143 ACSR 655 Hancock (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2019] FCA 71 In the matter of Bellafountain Pty Ltd [2017] NSWSC 391 Krejci (liquidator), in the matter of Community Work Pty Ltd (in liq) [2018] FCA 425 Krejci (liquidator), Re Community Work Pty Ltd (in liq) [2018] FCA 425 Lewis & Templeton v LG Electronics Australia (No 2) [2016] VSC 63; 48 VR 450 Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841; 145 ACSR 459 Livingstone, in the matter of NewSat Ltd (in liq) [2022] FCA 1559 Pascoe (Liquidator), in the matter of Matrix Group Ltd (in liq) (Trustee) [2019] FCA 1844 Re 7 Steel Distribution Pty Ltd (in liq) [2013] NSWSC 669 Re BBY Holdings Pty Ltd (receivers and managers appointed) (in liquidation) [2019] NSWSC 1272 Re McGrath (in their capacity as liquidators of HIH Insurance Ltd) [2010] NSWSC 404; 266 ALR 642 Re Mudgee Dolomite and Lime Pty Ltd (No. 4) [2021] NSWSC 393 Re Octaviar Limited [2020] QSC 353 Reidy, in the matter of eChoice Ltd (Administrators Appointed) [2017] FCA 1582 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Woods, in the matter of Paladin Energy Ltd (Administrators Appointed) [2017] FCA 836
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