In the matter of Mustang Marine Australia Services Pty Limited [2012] NSWSC 620

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mustang Marine Australia Services Pty Limited [2012] NSWSC 620 Hearing dates: 28 May 2012 Decision date: 28 May 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Liquidator approval to enter into Deed of funding and Indemnity. Approved nunc pro tunc to retain solicitors to act and continue to act in connection with proposed proceedings. Certain documents ordered confidential. Costs of and incidental to application to be costs in the winding up. Catchwords: CORPORATIONS - Winding up - Court approval for liquidator's litigation funding arrangement - Ex parte hearing - confidentiality orders. Legislation Cited: - Corporations Act 2001 (Cth) ss 477(2B), 564 Cases Cited: - Deloughery v Weston [2010] NSWCA 148; (2010) 79 ACSR 180 - Empire (Aust) Nominees Pty Ltd v Vince (2000) 35 ACSR 167 - Kingsheath Club of the Clubs Ltd (in liq) [2003] FCA 1034 - Leigh; Re AP & PJ King Pty Ltd (in liq) [2006] NSWSC 315 - Re McGrath & Anor (in their capacity as liquidators of HIH Insurance Ltd) [2010] NSWSC 404; (2010) 266 ALR 642; 78 ACSR 405 - Onefone Australia Pty Ltd v One.Tel [2010] NSWSC 498; (2010) 78 ACSR 163 - Re ACN 076 673 875 Ltd [2002] NSWSC 578; (2002) 42 ACSR 296 - Re HIH Insurance Group Ltd [2001] NSWSC 308; (2001) 19 ACLC 1102 - Re Mustang Marine Australia Services Pty Ltd (admin apptd) [2010] NSWSC 1429 Category: Interlocutory applications Parties: Mitchell Ball (Applicant) Mustang Marine Australia Services Pty Limited (Defendant) Representation: Counsel: S. Golledge (Applicant) Solicitor: Paul Bard Lawyers (Applicant) File Number(s): 10/249314