Federal Court of Australia
Federal Court of Australia
Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449 File number: WAD 46 of 2024
Judgment of: FEUTRILL J
Date of judgment: 1 May 2024
Catchwords: CORPORATIONS – application under s 21 of the Federal Court of Australia Act 1976 (Cth), s 418A of the Corporations Act 2001 (Cth) and s 90-15 of Schedule 2 – Insolvency Practice Schedule (Corporations) of the Corporations Act for declaratory relief – where administrators appointed under s 436A of the Corporations Act – where receivers and managers appointed to secured property of company - whether funds in administrators' account established under s 65-5 of the Insolvency Practice Schedule are secured property under receivers and managers' control – proper construction of security agreement – meaning of secured property as defined – consideration of words and phrases 'relating to', 'in respect of' and 'arising from'
Legislation: Corporations Act 2001 (Cth) ss 9, 588L; Sch 2, Div 65, s 65-5 Personal Property Securities Act 2009 (Cth) s 5, 10, 12, 18, 19, 19(3), 20, 21, 31, 32(1), 69, 140(2)(f), 156, 157, 267, 761A; Ch 2, Ch 5; Divs 2, 3; Pts 2.3, 2.4, 2.5, 2.7, 7.1
Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Australian Competition and Consumer Commission v Maritime Union of Australia [2001] FCA 1549; (2001) 114 FCR 472 Barangaroo Delivery Authority v Lend Lease (Millers Point) Pty Ltd [2014] NSWCA 279 Chartbrook Ltd v Persimmon Homes Ltd [2009] AC 1101 Commissioner of Taxation v Auctus Resources Pty Ltd [2021] FCAFC 39; (2021) 284 FCR 294 Dickinson v Motor Vehicle Insurance Trust [1987] HCA 49; (1987) 163 CLR 500 EDWF Holdings 1 Pty Ltd v EDWF Holdings 2 Pty Ltd [2010] WASCA 78; (2010) 41 WAR 23 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Quintano v BW Rose Pty Ltd [2008] NSWSC 793 Technical Products Pty Ltd v State Government Insurance Office [1989] HCA 24; (1989) 167 CLR 45 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2009] FCA 757; (2009) 179 FCR 437 Travelex Ltd v Federal Commissioner of Taxation [2010] HCA 33; (2010) 241 CLR 510 Wilkie v Gordian Runoff Ltd [2005] HCA 17; (2005) 221 CLR 522 Wright v Lemon [2024] WASCA 19
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