Hird (liquidator), in the matter of Allmine Group Limited (in liq) (No 3) [2022] FCA 732

Hird (liquidator), in the matter of Allmine Group Limited (in liq) (No 3) [2022] FCA 732

The Court was satisfied that it was appropriate to appoint Mr Cussen as external administrator to act as joint and several liquidator with Mr Hird, given his qualifications, experience, absence of relevant disqualifying relationships, and consent to act. It was also appropriate to make a non-publication order over the LFA as a whole to prevent prejudice to the proper administration of justice, with liberty to interested persons to apply. The Court declined to make non-publication orders over aspects of the LFA and affidavit paragraphs whose substance had already been disclosed to creditors or in published reasons, and the application for Court approval under s 477(2B) was not pressed...

Jurisdiction
Australia
Judgment Date
14 June 2022
Procedural Posture
Corporations and Corporate Insolvency Proceeding / Interlocutory Application Filed on 14 April 2022 and Heard on 14 June 2022
Outcome
Application granted in part; appointment and limited non-publication orders made; other non-publication relief declined; s 477(2B) approval and related relief not pressed.
Legal Topics
['liquidator Powers' 'litigation Funding Agreement' 'appointment of Joint and Several Liquidator' 'non Publication Orders' 'winding Up Costs']
['corporations' 'corporate Insolvency' 'civil Procedure'] ['liquidator Powers' 'litigation Funding Agreement' 'appointment of Joint and Several Liquidator' 'non Publication Orders' 'winding Up Costs']

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Procedural Posture

Corporations and Corporate Insolvency Proceeding / Interlocutory Application Filed on 14 April 2022 and Heard on 14 June 2022

Legal Issues

  1. 1 ["Whether the Court should approve retrospectively under s 477(2B) of the Corporations Act 2001 (Cth) the liquidator's entry into a litigation funding agreement where creditor approval had already been obtained." 'Whether Neil Cussen should be appointed as an external administrator of Allmine Group Ltd (in liquidation) to act as joint and several liquidator with Mr Hird.' 'Whether a non-publication order should be made under s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) in respect of the litigation funding agreement and related affidavit material.']

Ratio Decidendi

The Court was satisfied that it was appropriate to appoint Mr Cussen as external administrator to act as joint and several liquidator with Mr Hird, given his qualifications, experience, absence of relevant disqualifying relationships, and consent to act. It was also appropriate to make a non-publication order over the LFA as a whole to prevent prejudice to the proper administration of justice, with liberty to interested persons to apply. The Court declined to make non-publication orders over aspects of the LFA and affidavit paragraphs whose substance had already been disclosed to creditors or in published reasons, and the application for Court approval under s 477(2B) was not pressed...

Court Disposition

Application granted in part; appointment and limited non-publication orders made; other non-publication relief declined; s 477(2B) approval and related relief not pressed.

Orders

  • ['Pursuant to s 90-15(3) of Schedule 2 Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth), Mr Neil Cussen, registered liquidator, be appointed as external administrator of Allmine Group Ltd (in liquidation) (the Company) to act as joint and several liquidator of the Company with Mr Hird.'...