Federal Court of Australia
Federal Court of Australia
Hudson, in the matter of ACB Group Pty Ltd (in liq) [2025] FCA 90 File number(s): VID 133 of 2025
Judgment of: BUTTON J
Date of judgment: 14 February 2025
Date of publication of reasons: 17 February 2025
Catchwords: CORPORATIONS – application by liquidator for direction under s 90-15 of the Insolvency Practice Schedule (Corporations), being Schedule 2 to the Corporations Act 2001 (Cth) (the Act), that liquidator is justified in utilisation of funds realised in the winding up of the company to meet reasonable costs of complying with notices issued to company under s 274 of the Environment Protection Act 2017 (Vic) – application by liquidator for retrospective approval of entry into contract with environmental consultant to assist in compliance with statutory notices, pursuant to s 477(2B) of the Act – where direction given and approval granted PRACTICE AND PROCEDURE – application for suppression and non-publication order – whether necessary to prevent prejudice to the proper administration of justice – where suppression and non-publication orders made
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 556, Sch 2 s 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Environment Protection Act 2017 (Vic) s 274
Cases cited: Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) (No 2) (2020) 275 FCR 377; [2020] FCAFC 44 Hird (Liquidator), Re Allmine Group Ltd (in liq) [2018] FCA 781 Hundy, Re 3 Property Group 13 Pty Ltd (in liq) [2022] FCA 1216 Hutchison v Hillcrest Litigation Services Ltd [2010] NSWSC 934 McCabe, Re Sargon Capital Pty Ltd (Receivers and Managers Appointed) (in liq) [2023] FCA 345 Motorola Solutions, Inc v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409 Re CuDeco Ltd (Receivers and Managers Appointed) (in liq) (2020) 14 ARLR 239; [2020] FCA 1661 Re Force Corp Pty Ltd (in liq) (2020) 149 ACSR 451; [2020] NSWSC 1842 Re Golden Sands Hospitality Pty Ltd (in liq) (No 2) [2017] NSWSC 450 Re HIH Insurance Ltd [2004] NSWSC 5 Steelforce Trading Pty Ltd v Parliamentary Secretary to the Minister for Industry, Innovation and Science (No 2) [2018] FCAFC 47 Stewart, Re Newtronics Pty Ltd [2007] FCA 1375 Vickers, Re York Street Mezzanine Pty Ltd (in liq) (2011) 196 FCR 479; [2011] FCA 1028
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