Park, in the matter of IG Power (Callide) Ltd (Administrators Appointed) (No 4) [2024] FCA 1316

Federal Court of Australia Park, in the matter of IG Power (Callide) Ltd (Administrators Appointed) (No 4) [2024] FCA 1316 File number:

Judgment of: DERRINGTON J

Date of judgment: 15 November 2024

Catchwords: CORPORATIONS – external administration of a group of companies – application by administrators for directions under s 90-15 of Sch 2 to the Corporations Act 2001 (Cth) – issue of construction of pre-emption rights clauses in joint venture agreement – where direction opposed on various bases – direction made

Legislation: Corporations Act 2001 (Cth)

APT SEA Gas Holdings Pty Ltd v ANP SEA Gas Holdings Pty Ltd [2010] NSWSC 1221 Bastion v Gideon Investments Pty Ltd (in liq) (No 2) (2000) 35 ACSR 466 Beaconsfield Gold NL v Allstate Prospecting Pty Ltd [2006] VSC 320 Colbran, in the matter of Balsub Pty Ltd (in liquidation) [2023] FCA 1635 Gardiner v Agricultural and Rural Finance Pty Ltd (2008) Aust Contract Reports ¶90-274 Halford v Price (1960) 105 CLR 23 In the matter of RCR Tomlinson Ltd (administrators appointed) [2018] NSWSC 1859 Cases cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Noranda Australia Ltd v Lachlan Resources NL (1988) 14 NSWLR 1 Park, in the matter of Queensland Nickel Pty Ltd (in liq) (No 3) [2022] FCA 1301 Pauls Trading Pty Ltd v Norco Co-operative Ltd [2006] QCA 128 Re McCabe (in their capacity as joint and several deed administrators of the companies listed in Sch 1) (2023) 169 ACSR 630 Santos Offshore Pty Ltd v Apache Oil Australia Pty Ltd [2015] WASC 242 Sev.en Gamma a.s. v IG Power (Callide) Pty Ltd (Administrators Appointed) [2024] FCA 30 THL Robina Pty Ltd v The Glades Golf Club Pty Ltd [2005] 2 Qd R 186