In the matter of MF Global Australia Limited (in liquidation) [2012] NSWSC 1524

Supreme Court New South Wales

Medium Neutral Citation: In the matter of MF Global Australia Limited (in liquidation) [2012] NSWSC 1524 Hearing dates: 5 December 2012 Decision date: 11 December 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made in accordance with the Short Minutes of Order initialled by Black J and placed in the file. Catchwords: CORPORATIONS - Winding up - Corporations Act 2001 (Cth) ss 479(3) and 511 - Application for directions in relation to matters arising under winding up - Whether jurisdiction to provide judicial advice established - Whether liquidators are justified in compromising claims made in a cross-claim brought in certain proceedings and making certain balancing payments to give effect to a settlement in those proceedings. Legislation Cited: - Corporations Act 2001 (Cth) Pts 7.8 Div 2, 7.8 Div 2 Subdiv A, ss 479, 479(3), 511 - Cross-Border Insolvency Act 2008 (Cth) - Trustee Act 1925 (NSW) s 63 Cases Cited: - Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 - Marley v Mutual Security Merchant Bank & Trust Co Ltd [1991] 3 All ER 198 - Re Addstone Pty Ltd (in liq) (1997) 25 ACSR 357 - Re Ansett Australia Ltd and Korda [2002] FCA 90; (2002) 115 FCR 409; 40 ACSR 433 - Re Application by Perpetual Trust Services Ltd (as responsible entity of the Momentum AllWeather (A$) Absolute Return Fund) [2012] NSWSC 758 - Re Australian Pipeline Ltd [2006] NSWSC 1316; (2006) 60 ACSR 625 - Re Bauhaus Pyrmont Pty Ltd (in liq) [2007] NSWSC 936; (2007) 64 ACSR 646 - Re GB Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674; 5 ACSR 673; 9 ACLC 1291 - Re Handberg (in his capacity as liquidator of S&D International Pty Ltd (in liq)) v MIG Property Services Pty Ltd [2010] VSC 336; (2010) 79 ACSR 373 - Re MF Global Australia Ltd (in liq) [2012] NSWSC 994 - Re PM Sulcs & Associates Pty Ltd (in liq) [2012] NSWSC 689 - Re Purchas (as liquidator of Astarra Asset Management Pty Ltd (in liq)) [2011] NSWSC 91 - Re Vickers; Re York Street Mezzanine Pty Ltd (in liq) [2011] FCA 1028; (2011) 196 FCR 479 - Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115; (1986) 4 ACLC 114 - Re York Street Mezzanine Pty Ltd (in liq) [2011] FCA 1028; (2011) 196 FCR 479 Category: Principal judgment Parties: Christopher Robert Campbell, Vaughan Neil Strawbridge and David John Frank Lombe in their capacity as liquidators of MF Global Australia Limited (in liquidation) (First Plaintiffs) MF Global Australia Limited (in liquidation) (Second Plaintiff) Representation: Counsel: F. Gleeson SC/R.M. Foreman (Plaintiffs) Solicitors: Ashurst Australia (Plaintiffs) File Number(s): 12/379461