Federal Court of Australia
Federal Court of Australia
Kogan, in the matter of Insitec Pty Ltd (Administrators Appointed) [2024] FCA 672 File number(s): NSD 778 of 2024
Judgment of: GOODMAN J
Date of judgment: 20 June 2024
Catchwords: CORPORATIONS – application for orders pursuant to s 447A of the Corporations Act 2001 (Cth) limiting the liability of administrators with respect to a facility agreement entered into for the purposes of enabling the companies under administration to continue to trade for the benefit of creditors — application allowed
Legislation: Corporations Act 2001 (Cth) ss 435A, 436A, 441A, 443A, 447A, Sch 2, s 90-15
Cases cited: Kelly (administrator), in the matter of Lutum Holdings Pty Ltd (administrators appointed) [2024] FCA 554 Walley, in the matter of PGP Group (Aust) Pty Ltd [2023] FCA 1554
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
National Practice Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 25
Date of hearing: 20 June 2024
Counsel for the Plaintiffs Mr D Krochmalik
ORDERS NSD 778 of 2024 IN THE MATTER OF INSITEC PTY LTD (ADMINISTRATORS APPOINTED) AND ANOR BARRY FREDERIC KOGAN AND DAMIEN MARK PASFIELD, IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF EACH OF INSITEC PTY LTD (ADMINISTRATORS APPOINTED) AND INSITEC GROUP HOLDINGS PTY LTD (ADMINISTRATORS APPOINTED) First Plaintiffs
INSITEC PTY LTD (ADMINISTRATORS APPOINTED) ACN 097 025 968 Second Plaintiff
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