Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 5) [2024] FCA 1029

Federal Court of Australia

Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 5) [2024] FCA 1029 File number(s): NSD 331 of 2023

Judgment of: HALLEY J

Date of judgment: 3 September 2024

Date of publication of reasons: 4 September 2024

Catchwords: CORPORATIONS – application for company to be added as a defendant to proceedings, liquidator to be appointed to company, revised pooling order pursuant to s 579E of the Corporations Act 2001 (Cth) (Corporations Act) to join company to pooled group, leave to enter into agreements pursuant to s 477(2B) of the Corporations Act and other related orders – scheme to avoid payment of statutory liabilities – satisfied liquidator should be appointed to company – preconditions for making of pooling order satisfied – leave given to enter into agreements pursuant to s 477(2B) of the Corporations Act – orders made

Legislation: Corporations Act 2001 (Cth) ss 477, 499, 553AB, 579E, 579F and 579K Federal Court (Corporations) Rules 2000 (Cth) r 7.2 Federal Court Rules 2011 (Cth) r 9.05

Cases cited: Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher & Barnet (as liquidators of Octaviar Administration Pty Ltd (in Liq) (2015) 89 NSWLR 110; [2015] NSWCA 85 Fourteen Consulting Services Pty Ltd (in liquidation) v A.O.B Holding Pty Ltd (in liquidation) (No 2) [2023] FCA 1684 Fourteen Consulting Services Pty Ltd (in liq) v A.O.B. Holdings Pty Ltd [2023] FCA 704 In the matter of Kirby Street (Holding) Pty Limited (2011) 87 ACSR 84; [2011] NSWSC 1536 In the matter of Lake View Estates Pty Ltd (in liquidation) (ACN 108 590 129) [2015] NSWSC 2056 In the matter of Tumut River Orchard Management Limited (in liq) ABN 003 501 611 [2011] NSWSC 915 Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83