Federal Court of Australia
Federal Court of Australia
Michell (Liquidator) v Fowler, in the matter of WITS Holdings Pty Ltd (In Liquidation) [2023] FCA 1231 File number(s): NSD 166 of 2022
Judgment of: HALLEY J
Date of judgment: 16 October 2023
Catchwords: CORPORATIONS – application under s 477(2A) of the Corporations Act 2001 (Cth) (Act) for approval nunc pro tunc of settlement deed – orders sought by liquidator under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Act for approval to enter into settlement deed – declaration sought under s 1322(4)(a) of the Act that the settlement deed is not invalid – where settlement deed was entered into by the parties prior to obtaining Court approval – where liquidator was justified in entering into settlement deed – orders and declarations made substantially in the form sought
Legislation: Corporations Act 2001 (Cth) ss 477, 1322, Sch 2 Insolvency Practice Schedule (Corporations) s 90-15 Corporations Regulations 2001 (Cth) reg 5.4.02
Cases cited: Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322 Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 2) (2009) 76 ACSR 415; [2009] FCA 1531 Eagle, in the matter of Australian Institute of Professional Education Pty Ltd (in liquidation) [2023] FCA 941 In the matter of A.C.N. 004 410 833 Limited (formerly Arrium Limited) (In Liquidation) [2021] NSWSC 799 In the matter of Adscaff Pty Limited [2013] NSWSC 1081 In the matter of One. Tel Limited [2014] NSWSC 457 In the matter of Mustang Marine Australia Services Pty Ltd (in liquidation) [2015] NSWSC 2152 In the matter of Rubix Investments Group Pty Ltd (in liq) [2018] NSWSC 1184 Re Bell Group Ltd (in liq); Ex parte Woodings (as liquidator of the Bell Group Ltd (in liq)) (2013) 97 ACSR 117; [2013] WASC 409 Re Spedley Securities Ltd (in liq) (1992) 9 ASCR 83; 10 ACLC 1742 Sanderson v Classic Car Insurance Pty Ltd (1985) 10 ACLR 115 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Tracy, in the matter of Linchpin Capital Group Limited (in liq) [2022] FCA 739 Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) [2021] FCA 530 Wingecarribee Shire Council v Lehman Brothers Australia (In Liq) (No 9) [2013] FCA 1350
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