Recent Cases

Sahab Holdings Pty Ltd v Tonks [2023] NSWCA 12 (15 February 2023) (Macfarlan, Meagher and Kirk JJA)


Catchwords:


CORPORATIONS — Receivers and managers — Application for inquiry under s 423(1) of the Corporations Act 2001 (Cth) — Language of “prima facie case” to be avoided — Whether receivers obliged to defend proceedings against company — Leave required to compromise a claim — Whether receivers entitled to use litigation as a means to seek to renegotiate a pre-existing contractual relationship — Receivers’ approach manifested a reasonable commercial judgment in the circumstances — Appeal dismissed