In the matter of Green Camel Pty Limited [2024] NSWSC 1199

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Green Camel Pty Limited [2024] NSWSC 1199 Hearing dates: 23 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: See [53] Catchwords: CORPORATIONS – management and administration – orders sought for modification of operation of Corporations Act s 443A for limitation of administrators' liability in respect of relevant borrowings – whether the funding arrangement is in the interests of the company's creditors – whether the creditors stand to benefit from entry into the arrangement Legislation Cited: Corporations Act 2001 (Cth), ss 443A, 443D, 447A, 556 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Cases Cited: Deputy Commissioner of Taxation, Italian Prestige Jewellery Pty Ltd (In Liq) v Italian Prestige Jewellery Pty Ltd [2018] FCA 983 In the matter of Renex Holdings (Dandenong) 1 Pty Ltd [2015] NSWSC 2003 In the matter of RCR Tomlinson Ltd [2018] NSWSC 1859 Mentha, in the matter of Griffin Coal Mining Company Pty Ltd [2010] FCA 1469 Onefone Australia Pty Ltd v One.Tel Pty Ltd [2010] NSWSC 498 Secatore, in the matter of Fletcher Jones and Staff Pty Ltd [2011] FCA 1493 Category: Principal judgment Parties: Stephen Hathway and Philip Hosking in their capacity as administrators of Green Camel Pty Limited (First Plaintiffs) Green Camel Pty Limited (Second Plaintiff) Representation: Counsel: E Keynes (Plaintiffs)