Ian Lewis Consulting Pty Ltd v Coeur De Lion Investments Pty Limited

[2020] FCA 1706

FEDERAL COURT OF AUSTRALIA

Ian Lewis Consulting Pty Ltd v Coeur De Lion Investments Pty Limited [2020] FCA 1706

File number(s): 

QUD 734 of 2019

Judgment of:

GREENWOOD J

Date of judgment:

25 November 2020

Date of orders:

23 November 2020

Catchwords:

PRACTICE AND PROCEDURE – consideration of ss 33V, 33X and 33Y of the Federal Court of Australia Act 1976 (Cth)

CORPORATIONS – consideration of a proposed set of arrangements for the resolution of the proceeding and other proceedings related to this proceeding including, in particular, proceeding QUD 79 of 2020 – consideration of the proposed orders to be made in this proceeding – consideration of, and discussions with, the parties in Court as to changes to the proposed orders – consideration of the relationship between the various proceedings resolved by operation of a Deed of Settlement, orders as varied and changes to the Deed of Settlement having regard to changes to the orders as proposed – the Court making orders in final form – consideration of ss 232 and 233 of the Corporations Act 2001 (Cth)

Legislation:

Federal Court of Australia Act 1976 (Cth), ss 33V, 33X and 33Y

Corporations Act 2001 (Cth), ss 232 and 233

Cases cited:

Australian Securities and Investments Commission v Richards [2013] FCAFC 89

Blairgowrie Trading Ltd v Allco Finance Group Ltd (No 3) (2017) 343 ALR 476

P Dawson Nominees Pty Ltd v Brookfield Multiplex Limited (No 4) [2010] FCA 1029

Modtech Engineering Pty Ltd v GPT Management Holdings Limited [2013] FCA 626

Williams v FAI Home Security Pty Ltd (2000) 180 ALR 459

Division:

General Division

Registry:

Queensland

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

1

Date of hearing:

23 November 2020

Counsel for the Applicant:

Mr R Newlinds SC with Mr G Handran

Solicitor for the Applicant:

McBride Legal

Solicitor for the First to Fifth Respondents:

Alexander Law

Mr Clive Palmer, the Sixth Respondent:

The Sixth Respondent appeared in person

ORDERS

QUD 734 of 2019

BETWEEN:

IAN LEWIS CONSULTING PTY LTD ACN 065 405 450

Applicant

AND:

COEUR DE LION INVESTMENTS PTY LIMITED ACN 006 34 872 (and others named in the Schedule)

First Respondent

ORDER MADE BY:	GREENWOOD J
DATE OF ORDER:	23 NOVEMBER 2020

THE COURT ORDERS THAT:

1.Pursuant to section 33V of the Federal Court of Australia Act 1976 (FCAA), these proceedings be discontinued.

2.Pursuant to section 33X(4) of the FCAA, the need for notice to be sent to Group Members pursuant to section 33X(1) be dispensed with.

3.Pursuant to section 33Y of the FCAA, the applicant forwards a notice in the terms of the adjustments reflected in Exhibit 1 in this proceeding to each Group Member.

4.No order as to costs.

5.Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these reasons for judgment in support of the orders made on 23 November 2020 are published from Chambers. 

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

GREENWOOD J:

1. The orders made in these proceedings on 23 November 2020 form a necessary part of a set of arrangements comprising these orders and orders made on 23 November 2020 in proceeding QUD 79 of 2020.  The reasons explanatory of the making of these orders and the interrelated orders in QUD 79 of 2020 are set out in the reasons in QUD 79 of 2020 in Coeur De Lion Investments Pty Limited v The President’s Club Limited [2020] FCA 1705 (“Coeur De Lion”).  These reasons need to be read together with the reasons in Coeur De Lion.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice Greenwood.

Associate:

Dated:       25 November 2020

SCHEDULE OF PARTIES

QUD 734 of 2019
Respondents
Second Respondent	PALMER LEISURE AUSTRALIA PTY LTD ACN 152 386 617
Third Respondent	PALMER LEISURE COOLUM PTY LTD ACN 146 828 122
Fourth Respondent	CLOSERIDGE PTY LTD ACN 010 560 157
Fifth Respondent	PALMER COOLUM RESORT PTY LTD ACN 010 593 638
Sixth Respondent	CLIVE FREDERICK PALMER