Navigate Global Payments Pty Ltd (Receivers and Managers Appointed) (in liq) v Combis, in the matter of Navigate Global Payments Pty Ltd [2023] FCA 1631

Federal Court of Australia

Navigate Global Payments Pty Ltd (Receivers and Managers Appointed) (in liq) v Combis, in the matter of Navigate Global Payments Pty Ltd [2023] FCA 1631 File number: SAD 154 of 2023

Judgment of: BESANKO J

Date of judgment: 21 December 2023

Catchwords: CORPORATIONS — application for orders under s 447A of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule, Schedule 2 of the Corporations Act — whether the Deed Fund is the property of the plaintiff — whether the Deed Fund should be paid by the first defendant to the plaintiff COSTS — where the plaintiff seeks orders that the costs of the application be costs in the liquidation of the plaintiff and that the second defendant pay the plaintiff's costs of the proceedings on an indemnity basis — whether conduct of the second defendant justifies an order for indemnity costs

Legislation: Corporations Act 2001 (Cth) s 447, Sch 2 s 90-15

Cases cited: Antqip Hire Pty Ltd (subject to a deed of company arrangement) (in liq) [2020] NSWSC 487

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 33

Date of hearing: 12 December 2023

Counsel for the Plaintiff: Mr A Baillie

Solicitor for the Plaintiff: Adco Legal Pty Ltd

Counsel for the First Defendant: The First Defendant entered a Submitting Notice, save as to costs

Counsel for the Second Defendant: The Second Defendant did not Appear

ORDERS SAD 154 of 2023 IN THE MATTER OF NAVIGATE GLOBAL PAYMENTS PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) BETWEEN: NAVIGATE GLOBAL PAYMENTS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) Plaintiff