Curtis v Goodin (Liquidator)

FEDERAL COURT OF AUSTRALIA

Curtis v Goodin (Liquidator) [2020] FCA 335

File number:

WAD 506 of 2019

Judge:

COLVIN J

Date of judgment:

12 March 2020

Catchwords:

CORPORATIONS - application by liquidator for order under s 477(2B) of Corporations Act 2001 (Cth) - where liquidator seeks to enter into settlement agreement and leases - where liquidator deposed that settlement agreement and leases advance effective realisation of company's assets - where no suggestion of impropriety, lack of good faith or error of principle by liquidator - order made

Legislation:

Corporations Act 2001 (Cth) s 477

Cases cited:

Hurst, in the matter of Liquor National Pty Ltd (in liq) [2019] FCA 1581

In the matter of One.Tel Limited [2014] NSWSC 457

Lewis & Templeton & Warehouse Sales Pty Ltd (in liq) v LG Electronics Australia Pty Ltd (No 2) [2016] VSC 63; (2016) 48 VR 450

Re Red Lancer Pty Ltd (in liq); Ex parte Bumbak [2019] WASC 450

Re The Bell Group Ltd (in Liq) [2009] WASC 235

Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375

Vickers, in the matter of York Street Mezzanine Pty Ltd (in liq) [2011] FCA 1028; (2011) 196 FCR 479

Date of hearing:

12 March 2020

Registry:

Western Australia

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

9

Counsel for the Plaintiffs:

Ms KM McNally

Solicitor for the Plaintiffs:

McNally & Co

Counsel for the Defendants:

Mr DW John

Solicitor for the Defendants:

Herbert Smith Freehills

ORDERS

WAD 506 of 2019

BETWEEN:

ADAM CURTIS

First Plaintiff

KHALED ADNAN MOHAMMED SUHEIMAT

Second Plaintiff

KLAUDIA ELZBIETA LESZYK & SERGE EUGENE GREGORY GEBERT

Third Plaintiff

COREY FITZPATRICK
Fourth Plaintiff

AND:

PETER GOODIN AS LIQUIDATOR OF TORCREST DEVELOPMENTS PTY LTD (ACN 100 585 626) (IN LIQ)

First Defendant

TORCREST DEVELOPMENTS PTY LTD (ACN 100 585 626) (IN LIQ)

Second Defendant

JUDGE:	COLVIN J
DATE OF ORDER:	12 MARCH 2020

THE COURT ORDERS THAT:

1.An order that the Interlocutory Application dated 11 March 2020 stand as an originating process.

2.An order under s 477(2B) of the Corporations Act 2001 (Cth) that Peter Goodin as liquidator of Torcrest Developments Pty Ltd (in liq) (Torcrest) may enter into the following agreements on behalf of Torcrest:

(a)the Car Bay Lease with Adam Curtis which is Annexure PG24 to the Affidavit of Peter Goodin which is filed herein and dated 10 March 2020 (Goodin Affidavit);

(b)the Car Bay Lease with Klaudia Elzbieta Gebert (nee Leszyk) and Serge Gebert which is PG25 to the Goodin Affidavit;

(c)the Car Bay Lease with Khaled Adrian Mohammed Suheimat which is PG26 to the Goodin Affidavit;

(d)the Car Bay Lease with Corey Fitzpatrick which is PG27 of the Goodin Affidavit;

(e)the settlement agreement with the plaintiffs as recorded in the exchange of correspondence which is PG28 and PG29 to the Goodin Affidavit.

3.An order that the costs of this application be costs in the winding up of Torcrest.

Note:   Entry…