Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Benjamin Hornigold Ltd v John Bridgeman Limited [2023] FCA 1195 File number: NSD 967 of 2023
Judgment of: MARKOVIC J
Date of judgment: 7 September 2023
Date of publication of reasons: 9 October 2023
Catchwords: CORPORATIONS – leave to commence proceeding against company in restructuring pursuant to s 453S of the Corporations Act 2001 (Cth) – where expiry of limitation period is imminent – where there is a real likelihood of termination of restructuring process – leave granted
Legislation: Corporations Act 2001 (Cth) ss 440D, 452A, 453B(1), 453C(1), 453S, 471B, 766A(1), 912A(1), 917A, 917B, 917E, 917F(1) Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (Cth) Corporations Regulations 2001 (Cth) reg 5.3B.03(1) and reg 7.6.02AAA
Cases cited: Australian Securities and Investments Commission v Marco (No 5) [2020] FCA 1512 Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd (2011) 285 ALR 207; [2011] NSWSC 1305 Lianos v Order of AHEPA NSW Inc (No 2) [2020] NSWCA 304 Re Ozrac Engineering New South Wales Pty Ltd (in liq) [2013] NSWSC 740 Re Reed Constructions Australia Pty Ltd (In Liquidation) [2015] NSWSC 2033
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 33
Date of hearing: 7 September 2023
Counsel for the Plaintiff: Mr J Hynes
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