Recent Cases

Decon Australia Pty Ltd v TFM Epping Land Pty Ltd [2022] FCAFC 54 (06 April 2022) (Yates, O’Callaghan and Halley JJ)


CORPORATIONS – appeal from decision of primary judge refusing to terminate deeds of company arrangement pursuant to s 445D(1) of the Corporations Act 2001 (Cth) – where primary judge made evaluative determinations in relation to ss 445D(1)(c), 445D(1)(e), 445D(1)(f)(i), 445D(1)(f)(ii) and 445D(1)(g) of the Corporations Act 2001 (Cth) – whether House v The King (1936) 55 CLR 499 error established – appeal dismissed