Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 2) [2024] FCA 683

Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 2) [2024] FCA 683

The second interested party had not established any basis to stay orders 5 to 8 made on 4 June 2024 or to delete order 5; his applications sought to re-argue matters already considered and reflected disagreement with the orders. Although the Court found wilful non-compliance, it extended time for compliance with order 5 to 5.00pm (ACST) on 21 June 2024.

Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Commercial and Corporations; Corporations and Corporate Insolvency / Interlocutory Applications Concerning Stay, Variation, and Compliance With Disclosure Orders
Outcome
Second interested party's interlocutory applications filed 11 June 2024 and 18 June 2024 dismissed; time for compliance with order 5 extended; costs ordered against the second interested party.
Legal Topics
['disclosure of Documents Evidencing Transfer of Funds' 'non Compliance With Court Orders' 'stay of Orders' 'costs' 'case Management']
['practice and Procedure' 'corporations and Corporate Insolvency'] ['disclosure of Documents Evidencing Transfer of Funds' 'non Compliance With Court Orders' 'stay of Orders' 'costs' 'case Management']

Case Brief

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Procedural Posture

Commercial and Corporations; Corporations and Corporate Insolvency / Interlocutory Applications Concerning Stay, Variation, and Compliance With Disclosure Orders

Legal Issues

  1. 1 ['Whether orders 5 to 8 made on 4 June 2024 should be stayed under r 41.03 of the Federal Court Rules 2011 (Cth).' 'Whether order 5 of the orders made on 4 June 2024 should be deleted and replaced by a referral of the dispute to a chartered accountant.' 'Whether time for compliance with order 5 should be extended despite non-compliance.']

Ratio Decidendi

The second interested party had not established any basis to stay orders 5 to 8 made on 4 June 2024 or to delete order 5; his applications sought to re-argue matters already considered and reflected disagreement with the orders. Although the Court found wilful non-compliance, it extended time for compliance with order 5 to 5.00pm (ACST) on 21 June 2024.

Court Disposition

Second interested party's interlocutory applications filed 11 June 2024 and 18 June 2024 dismissed; time for compliance with order 5 extended; costs ordered against the second interested party.

Orders

  • ['The date by which the second and third interested parties are to comply with order 5 of the orders made on 4 June 2024 is extended to 5.00pm (ACST) on 21 June 2024.' "The second interested party's interlocutory application filed 11 June 2024 is dismissed." "The second interested party's interlocutory application...