Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anderson (administrator), in the matter of S&W Holdings Australia Pty Ltd (administrators appointed) [2024] FCA 878 File number(s): NSD 1014 of 2024
Judgment of: HALLEY J
Date of judgment: 2 August 2024
Catchwords: CORPORATIONS – application by administrators for orders pursuant to s 433B(8) and s 477A(1) of the Corporations Act 2001 (Cth) (Act) – administrators seek four week extension of time in which they are to give notice to lessors of property leased by companies in administration as to whether to retain or give up possession of the property – administrators seek orders pursuant to s 477A(1) of the Act to limit their personal liability with respect to leases and obligations under finance agreements with NAB – application granted – orders made
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 436, 443A, 443B, 443D, 443E, 443F, 447A
Cases cited: Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169 Hill, in the matter of Ovato Limited (Administrators Appointed) [2022] FCA 903 In the matter of Mothercare Australia Limited (administrators appointed) [2013] NSWSC 263 Lord, in the matter of Invigor Group Limited (administrators appointed) [2022] FCA 1064 Re Mentha (in their capacities as joint and several administrators of the Griffin Coal Mining Company Pty Ltd (administrators appointed)) (2010) 82 ACSR 142; [2010] FCA 1469 Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 Strawbridge, in the matter of Virgin Australia Holdings Limited (administrators appointed) (No 2) (2020) 144 ACSR 347; [2020] FCA 717 Tucker, in the matter of Aurora Metals Limited (Administrators Appointed) [2023] FCA 761 Tucker, in the matter of Quintis Leasing Pty Ltd [2023] FCA 1673 Wells Fargo Trust Company, National Association (trustee) v VB Leaseco Pty Ltd (administrators appointed) [2020] FCA 1269
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