CORPORATIONS – application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) – where proposed agreement amends an earlier funding agreement for which Court approval was given under s 477(2B) – where the liquidators have formed a view that entry into the amending agreement is in the best interests of the Company – whether entry into the amending agreement is a proper exercise of power – Held: approval granted.
PRACTICE AND PROCEDURE – confidentiality orders sought in respect of some of the evidence relied on as supporting the application – where the liquidator raises concerns regarding the disclosure that evidence – whether order necessary to prevent prejudice to the proper administration of justice – Held: confidentiality orders made.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0977
For more information, see the original judgement.
