Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2024] FCA 97

Federal Court of Australia

Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2024] FCA 97 File number(s): VID 729 of 2020

Judgment of: MCELWAINE J

Date of judgment: 20 February 2024

Catchwords: CORPORATIONS – whether winding up in insolvency proceeding brought pursuant to Pt 5.4 of the Corporations Act 2001 (Cth) (Act) dismissed by operation of s 459R of the Act – where proceeding was commenced on 13 November 2020 – where order was made for the proceeding to be adjourned to a date to be fixed – whether alternative application for winding up pursuant to s 461(1)(c) of the Act is divisible – whether proceeding should be dismissed for want of prosecution or abuse of process – proceeding pursuant to Pt 5.4 dismissed, proceeding otherwise divisible and remains to be determined

Legislation: Corporations Act 2001 (Cth) ss 459A, 459C, 459P, 459R, 461 Federal Court of Australia Act 1976 (Cth) ss 5, 37M, 37N, 37P

Cases cited: A G Coombs Pty Ltd v M & V Consultants Pty Ltd [2018] VSC 468; 55 VR 513 Amorin Constructions Pty Ltd v Kamtech Electrical Services Pty Ltd [2008] NSWSC 285; 73 NSWLR 627 Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd [2008] HCA 9; 232 CLR 314 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (receivers and managers appointed) [2011] HCA18; 244 CLR 1 Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Ltd (in liq) (receivers and managers appointed) [2021] FCAFC 64; 284 FCR 590 Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Ltd (in liq) (receivers and managers appointed) (No 2) [2021] FCAFC 111 Barboutis v Kart Centre Pty Ltd [2019] WASCA 184 Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2; 275 CLR 463 Bryant, in the matter of Gunns Ltd (in liq) (receivers and managers appointed) (No 2) v Badenoch Integrated Logging Pty Ltd (No 2) [2020] FCA 1081 Davidova v Murphy [2009] FCA 601 Devmin International Pty Ltd v Belconnen Developments Pty Ltd [2022] QSC 186; 12 QR 170 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 Green v Healthscope Ltd t/as The Hills Private Hospital [2015] NSWCA 325 Kirkpatrick v Kotis [2004] NSWSC 1265; 62 NSWLR 567 Low v Joondalup Golf Management (Aust) Pty Ltd [2023] WASCA 33 Re Kornucopia Pty Ltd (No 4) [2020] VSC 7 Rogers v The Queen (1994) 181 CLR 251 RV Investments (Aust) Pty Ltd v ACN 110 769 929 Pty Ltd [2014] VSCA 210 South Western Sydney Local Health District v Gould [2018] NSWCA 69; 97 NSWLR 513 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; 256 CLR 507 Victoria International Container Terminal Ltd v Lunt [2021] HCA 11; 271 CLR 132 Western Australia v Ward (1997) 76 FCR 492 Western Suburbs Electrical Supplies Pty Limited v Russell Electrical Services Pty Ltd (1994) 52 FCR 194 Williams v Spautz (1992) 174 CLR 509