David Chesterman KC appeared for the defendants, instructed by HWL Ebsworth.
In this case, the plaintiff sought the appointment of a special purpose liquidator as additional liquidators to the First to Fifth Defendants (Construction Companies). The plaintiff additionally sought leave be granted or orders made, pursuant to s 477(2B) of the Corporations Act, for the Special Purpose Liquidators to enter into the deed of funding and indemnity on behalf of the First to Fifth Defendants, and pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth), certain confidentiality orders in relation to several affidavits. The Court considered, inter alia, the funds available to the current liquidators, and the benefits that the appointment of another liquidator would have to the winding up, and to the creditors. The Court was satisfied that the appointment of the Special Purpose Liquidators was appropriate, with orders made in relation to the specific role of the liquidators. There was no order as to costs.
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