Stewart Webster KC with Emily O’Brien appeared for the Third Respondent (Prony Resources New Caledonia), instructed by Baker & McKenzie.
The appellants appealed against two orders by which the primary judge gave judicial advice to the liquidators of Queensland Nickel Pty Ltd (QNI). Those orders provided that the liquidators were justified in paying an amount to the Third Respondent (Payment Order) and, subject to a surplus of trust assets being available, interest to creditors in accordance with s 563B of the Corporations Act 2001 (Cth) (Interest Order).
The central issue was whether the appellant required leave to appeal the orders, and whether such leave ought to be granted.
The Court found that orders were interlocutory in nature and therefore required leave to appeal under s 24(1A) of the Federal Court of Australia Act 1976 (Cth). Leave in respect of the Payment Order was refused. The appeal against the Interest Order was dismissed as incompetent as leave had not been sought.
The appellants were ordered to pay the Third Respondent’s costs.
The judgment can be read by clicking here
