NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of FAI Film Distribution Pty Ltd; In the matter of FAI Films Pty Ltd [2014] NSWSC 1904 Hearing dates: 6 August 2014 Date of orders: 06 August 2014 Decision date: 06 August 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Approval granted to agreement pursuant to Corporations Act, s 477(2B) Catchwords: CORPORATIONS – agreements made by liquidators on behalf of company – (Cth) Corporations Act, s 477(2B) – principles informing court's decision to approve agreement – where agreement has already been made – where agreement subject to conditions precedent – whether approval can be given retrosprectively Cases Cited: In the matter of One.Tel Limited [2014] NSWSC 457 Re CIC Insurance Ltd (provisional liquidator appointed) [2001] NSWSC 438; Re HIH Casualty; Re FAI Traders Insurance Co Pty Ltd [2002] NSWSC 1080 Re HIH Insurance Limited and related matters [2004] NSWSC 5 Re GA Listing and Maintenance Pty Limited (1994) 15 ACSR 308 Re Opel Networks Pty Ltd [2013] NSWSC 1245 Re The Bell Group Limited (in liquidation) [2009] WASC 235 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Category: Principal judgment Parties: Anthony Gregory McGrath and Christopher John Honey in their capacity as liquidators of FAI Films Pty Limited (In Liquidation) (applicants) Representation: Counsel: J Scarcella (solicitor) (applicants)
Solicitors: Ashurst Australia (applicants) File Number(s): 2003/83562; 2004/182172
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