McCabe, in the matter of Andrew McCabe and Joseph Hayes in their capacity as joint and several deed administrators of the companies listed in Schedule 1 [2023] FCA 1042

Federal Court of Australia

McCabe, in the matter of Andrew McCabe and Joseph Hayes in their capacity as joint and several deed administrators of the companies listed in Schedule 1 [2023] FCA 1042 File number(s): NSD 831 of 2023

Judgment of: HALLEY J

Date of judgment: 4 September 2023

Catchwords: CORPORATIONS – application by administrators for relief under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) – where administrators seek orders that they are justified and otherwise acting reasonably in not distributing money to creditors of companies in accordance with a deed of company arrangement until the determination of Federal Court of Australia proceedings QUD 99 of 2023 – application granted

Legislation: Corporations Act 2001 (Cth) ss 436A, 439A, 447A, 479, 511, Sch 2, Insolvency Practice Schedule (Corporations) ss 75-42, 90-15 Federal Court (Corporations) Rules 2000 (Cth) rr 2.13, 2.8

Cases cited: In the matter of Broens Pty Limited (in liq) [2018] NSWSC 1747 Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409; [2002] FCA 90 Re MF Global Australia Ltd (in liq) (2012) 267 FLR 27; [2012] NSWSC 994

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency