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
↧