Recent Cases

Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110 (14 July 2023) (Farrell, Cheeseman and Feutrill JJ)


Catchwords:


CORPORATIONS – deed of company arrangement – application to terminate deed of company arrangement pursuant to s 445D(1) of the Corporations Act 2001 (Cth) – where primary judge not satisfied discretion to terminate deed of company arrangement (DOCA) enlivened – whether House v R error by primary judge – whether discretion to terminate DOCA enlivened – whether discretion should be exercised to terminate DOCA – Held: appeal allowed, DOCA terminated.

PRACTICE AND PROCEDURE – application to adduce further evidence under s 27 of the Federal Court of Australia Act 1976 (Cth) – where evidence not before primary judge – whether if evidence produced at hearing below it would likely have produced a different result – whether to exercise discretion to admit evidence – Held: allowed in part