Park, In the matter of IG Power (Callide) Pty Ltd (Administrators Appointed) (No 5) [2025] FCA 135

Park, In the matter of IG Power (Callide) Pty Ltd (Administrators Appointed) (No 5) [2025] FCA 135

The administrators were granted relief from personal liability in respect of certain agreements (the Second Amended Funding Deed and the Services Agreement), and the convening period was extended, as such orders are in the interests of creditors, will not cause prejudice, and are consistent with the objectives of Pt 5.3A of the Corporations Act. Confidentiality orders were appropriate to protect commercially sensitive information necessary for the proper administration of justice.

Parties
First Plaintiff: John Richard Park and Benjamin Peter Campbell in their capacity as joint and several administrators of each of the Second to Fifth Plaintiffs; Second Plaintiff: IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed); Third Plaintiff: IG Power Holdings Limited Pty Ltd (Administrators Appointed); Fourth Plaintiff: IG Power Marketing Pty Ltd (Administrators Appointed); Fifth Plaintiff: IG Power (Callide) Ltd (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Corporate Insolvency—voluntary Administration / Interlocutory Application—application for Relief From Liability and Extension of Convening Period
Outcome
Applications allowed
Legal Topics
Administrator's Liability, Extension of Convening Period, Confidentiality Orders
Corporations Law Insolvency Administrator's Liability Extension of Convening Period Confidentiality Orders

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Parties

John Richard Park and Benjamin Peter Campbell in their capacity as joint and several administrators of each of the Second to Fifth Plaintiffs

First Plaintiff

IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed)

Second Plaintiff

IG Power Holdings Limited Pty Ltd (Administrators Appointed)

Third Plaintiff

IG Power Marketing Pty Ltd (Administrators Appointed)

Fourth Plaintiff

IG Power (Callide) Ltd (Administrators Appointed)

Fifth Plaintiff

Procedural Posture

Corporate Insolvency—voluntary Administration / Interlocutory Application—application for Relief From Liability and Extension of Convening Period

Legal Issues

  1. 1 Whether to grant administrators relief from personal liability in respect of certain agreements under s 447A of the Corporations Act
  2. 2 Whether to extend the convening period for the second meeting of creditors under s 447A of the Corporations Act
  3. 3 Whether to make confidentiality orders under s 37AF of the Federal Court of Australia Act

Ratio Decidendi

The administrators were granted relief from personal liability in respect of certain agreements (the Second Amended Funding Deed and the Services Agreement), and the convening period was extended, as such orders are in the interests of creditors, will not cause prejudice, and are consistent with the objectives of Pt 5.3A of the Corporations Act. Confidentiality orders were appropriate to protect commercially sensitive information necessary for the proper administration of justice.

Court Disposition

Applications allowed

Orders

  • Administrators relieved from personal liability in respect of the Second Amended Funding Deed to the extent the assets of IGPC are insufficient
  • Administrators relieved from personal liability in respect of the Services Agreement to the extent the assets of IGPC are insufficient