Kelly (liquidator), in the matter of Australian Institute of Professional Education Pty Limited (in liq) [2018] FCA 780

Kelly (liquidator), in the matter of Australian Institute of Professional Education Pty Limited (in liq) [2018] FCA 780

The liquidators are justified, and it is proper and reasonable for them, to defend the ACCC proceeding and file the proposed amended response in accordance with legal advice received, to use company resources for that defence, and to bring this application for judicial advice; criticisms raised did not overcome the appropriateness of their actions.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Application for Judicial Advice/directions (corporate Insolvency) / Judgment After Application for Judicial Advice as to Conduct of Proceedings
Outcome
Orders made justifying the liquidators’ proposed course, permitting the defence of the ACCC proceedings and payment of costs from company assets.
Legal Topics
['judicial Advice to Liquidators' 'directions Regarding Conduct of Litigation' 'use of Company Resources in Liquidation']
['insolvency' 'corporations Law'] ['judicial Advice to Liquidators' 'directions Regarding Conduct of Litigation' 'use of Company Resources in Liquidation']

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Procedural Posture

Application for Judicial Advice/directions (corporate Insolvency) / Judgment After Application for Judicial Advice as to Conduct of Proceedings

Legal Issues

  1. 1 ['Whether the liquidators are justified in causing the company to file an amended response and defend the ACCC proceeding' 'Whether the liquidators are justified in using company resources to pay the costs of defence' 'Whether the liquidators are justified in making the application for judicial advice']

Ratio Decidendi

The liquidators are justified, and it is proper and reasonable for them, to defend the ACCC proceeding and file the proposed amended response in accordance with legal advice received, to use company resources for that defence, and to bring this application for judicial advice; criticisms raised did not overcome the appropriateness of their actions.

Court Disposition

Orders made justifying the liquidators’ proposed course, permitting the defence of the ACCC proceedings and payment of costs from company assets.

Orders

  • ['The liquidators are justified in causing the company to file the amended response in the ACCC proceeding.' 'The liquidators are justified in defending the ACCC proceeding on the basis of the amended response.' 'The liquidators are justified in using the company’s resources to pay the costs of defending the ACCC...