Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) v Cubic Interiors NSW Pty Ltd (in liq) [2024] FCA 877 File number(s): NSD 665 of 2024
Judgment of: CHEESEMAN J
Date of judgment: 7 August 2024
Catchwords: CORPORATIONS — where "shelf order" sought under s 588FF(3) of the Corporations Act 2001 (Cth) to extend time for making an application under s 588FF(1) of the Corporations Act — where extension sought is limited to 5 months — whether to extend period — Held: application granted CORPORATIONS — where application under s 477(2B) of the Corporations Act for approval of a deed of indemnity with the Commonwealth — where creditors approved early iteration of deed of indemnity — whether to make orders as sought — Held: application granted PRACTICE AND PROCEDURE — confidentiality order sought with respect to a confidential exhibit — where the confidential exhibit comprises current and earlier versions of confidential deed of indemnity — Held: orders made
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 491(2)(b), 588FF Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG and 37AH
Cases cited: Cussen, in the matter of Monarch Tower Pty Ltd (in liquidation) [2023] FCA 192 Deputy Commissioner of Taxation, in the matter of Italian Prestige Jewellery Pty Limited (in liq) ACN 116 031 022 v Italian Prestige Jewellery Pty Limited [2018] FCA 983 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2015] HCA 10; 254 CLR 489 Goyal, in the matter of Tiaro Coal Limited (In Liquidation) [2017] FCA 1252 Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2) [2021] FCA 1504 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Needham, in the matter of Bruck Textile Technologies Pty Ltd (in liq) [2016] FCA 837 Parker, in the matter of Worldwide Specialty Property Services Pty Limited (in liq) v Worldwide Specialty Property Services Pty Limited (in liq) [2017] FCA 687
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