Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Naidenov, in the matter of AJW Interiors and Constructions Pty Ltd (in liq) [2024] FCA 25 File number: NSD 382 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 25 January 2024
Catchwords: CORPORATIONS — whether to grant approval pursuant to s 477(2A) of the Corporations Act 2001 (Cth) in respect of a Deed of Settlement and Release entered into by a liquidator on behalf of a company in liquidation — whether to grant approval nunc pro tunc pursuant to s 477(2B) of the Act in respect of a conditional costs agreement with a law firm entered into by a liquidator on behalf of a company in liquidation and as liquidator — Held: s 477(2A) approval given; s 477(2B) approval refused.
Legislation: Corporations Act 2001 (Cth) ss 477(2A), 477(2B) Federal Court Act 1976 (Cth) ss 37AF, 37AG Corporations Regulations 2001 (Cth) r 5.4.02
Cases cited: Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods [2021] FCA 1402 Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) [2009] FCA 1214; 74 ACSR 661 Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 2) [2009] FCA 153 Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 6) [2007] FCA 1030; 160 FCR 423 Federal Commissioner of Taxation v Kassem [2012] FCAFC 124; 205 FCR 156 Frigger v Kitay (No 2) [2020] FCA 497; 143 ACSR 655 Generate Group Pty Ltd v Harris [2023] FCA 605 Hall v Poolman [2009] NSWCA 64; 75 NSWLR 99 Hayes, in the matter of Denham Constructions Pty Limited (in liq) [2018] FCA 2053 In the matter of Neil Robert Cussen as liquidator Total Hoarding Supplies Pty Ltd (in liquidation) [2019] NSWSC 887 In the matter of One.Tel Limited [2014] NSWSC 457; 99 ACSR 247 Jahani, in the matter of Ralan Property Services Pty Ltd (receivers and managers appointed) (in liq) [2023] FCA 738 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841; 145 ACSR 459 Michell (Liquidator) v Fowler, re WITS Holdings Pty Ltd (In Liq) [2023] FCA 1231 Re Dudley (as liquidator of Freshwater Bay Investments Pty Ltd (in liq) (ACN 105 274 226)) [2021] FCA 608; 152 ACSR 53 Re Tracy (in their capacity as joint and several liquidators of Linchpin Capital Group Ltd) [2022] FCA 739 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Thorn (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2022] FCA 143 Tracy, in the matter of Linchpin Capital Group Limited (in liq) [2022] FCA 739
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