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Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2) [2021] FCA 1504

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CORPORATIONS - application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) - where proposed agreement amends an earlier funding agreement for which Court approval was given under s 477(2B) - where the liquidators have formed a view that entry into the amending agreement would be in the best interests of the Company - whether entry into the amending agreement is a proper exercise of power - Held: application successful. PRACTICE AND PROCEDURE - confidentiality orders sought in respect of an annexure to an affidavit supporting the application - where the annexure comprises the amending agreement - where the liquidator deposes to his concerns regarding the disclosure of the terms of the amending agreement - Held: confidentiality orders made.

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