8 Oct 2015
Leave was granted because the court was satisfied the funding arrangement was in the interests of creditors, on satisfactory terms, preserved the liquidators' control over conduct of litigation, and presented limited risk that the commercial funder could improperly influence proceedings; the commercial character of the funder was not dispositive in the circumstances.
31 Aug 2005
The court found the 1st respondent had not complied with the disclosure orders, had exaggerated the burden of locating documents, and had no basis to withhold the File List on privilege; therefore the applications were granted: the 1st respondent must provide copies of the Audit Planning Documents (except the already provided Akai 1998 Audit Strategies Memorandum) and must supply the File List subject to limited redactions for unrelated clients and staff legal-advice markings; costs were ordered against the 1st respondent.
20 Aug 2003
The court refused to set aside or refer the COI resolutions because the liquidators had investigated and reasonably concluded the transactions were in creditors' interests, there was no evidence of mala fides or perverse conduct, the objections to COI members were unsupported, and substantial majority creditor support made a general creditors' meeting unnecessary.