Catchwords:

APPEALS — Leave to appeal — interlocutory orders — application for leave to appeal from a decision that the Liquidators were justified in declining to convene a meeting of creditors — whether there is any practical utility in the appeal — where there is an available alternative avenue for the applicants to seek the remedy claimed — leave to appeal dismissed

APPEALS — Admission of further evidence — whether the primary judge erred in granting leave to the Liquidators to call and admit further evidence after Liquidators had closed their case — whether the further evidence was outside scope of leave granted

APPEALS — Statutory Interpretation — whether requirement of “good faith” under r 27-250 of the Insolvency Practice Rules (Corporations) 2016 (Cth) imports condition of objective reasonableness

APPEALS — From finding of fact — whether primary judge erred in finding that the Liquidators formed the requisite opinion acting in good faith — whether Liquidators asked themselves the wrong question (in considering the possible outcome of the meeting rather than whether direction to convene the meeting was unreasonable) — whether Liquidators failed to carry out the required balancing exercise between benefits of convening meeting and prejudice to creditors/shareholders of complying with Direction