Hogan (liquidator) v McCorkell, in the matter of McCorkell & Associates Pty Ltd (in liq) [2023] FCA 863

FEDERAL COURT OF AUSTRALIA

Hogan (liquidator) v McCorkell, in the matter of McCorkell & Associates Pty Ltd (in liq) [2023] FCA 863 File numbers: NSD 769 of 2023

Judgment of: LEE J

Date of judgment: 27 July 2023

Date of publication of reasons: 28 July 2023

Catchwords: CORPORATIONS – urgent ex parte application brought by liquidator and company in liquidation – application for orders to approve funding agreement pursuant to s 477(2B) of the Corporations Act 2001 (Cth) (Corporations Act) – application for orders for summonses and public examination pursuant to Div 1, Pt 5.9 of the Corporations Act – application for interim orders to preserve assets under s 1323(3) of the Corporations Act – various matters to be investigated by liquidator – where appropriate to approve funding agreements pursuant to s 477(2B) – where appropriate to make suppression orders over funding documents – summonses ordered of former officers of the company and persons who may be able to provide information bearing upon the examinable affairs of the Company – preliminary issue as to power under s 1323(1) – where Court has power to make interim orders where prima facie argument as to circumstances in s 1323(1) exist – whether private investigation of liquidator is an "investigation" under s 1323(1)(a) – where unnecessary to determine – where appropriate to make interim asset preservation orders under s 1323(3) – application granted

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Pt 3 Companies Act 1981 (Cth) s 573 Corporations Act 2001 (Cth) Div 1, Pt 5.9, ss 477(2B), 499, 596B, 1323(1), 1323(1)(a), 1323(3), 1323(4) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a) Companies (New South Wales) Code 1981 (NSW)