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Australian Securities and Investments Commission v Marco (No 15) [2024] FCA 347

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CORPORATIONS - former administrators and liquidators' application for determination of remuneration and payment of costs and expenses under s 60-10(1)(c) and s 90-15 of Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) - current liquidators object to claimed remuneration and costs and expenses - where director appointed administrators and proposed deed of company arrangement during pending ASIC proceedings seeking winding up of company for involvement in an unregistered managed investment scheme - where at all times company assets and proposed deed fund assets subject to asset preservation orders and in control of Court appointed interim receivers - where company had no assets and no business in its own right - where investors in scheme contingent creditors of company - whether in the circumstances of the administration all DOCA related work and expenses were necessary and reasonable - consideration of applicable principles PRACTICE AND PROCEURE - application to re-open perfected orders - where orders included declaration of right - where significant delay and no appeal or application for leave to appeal - where judge hearing application not the pronouncing judge - whether orders final or interlocutory - whether orders founded on misapprehension of law - whether discretionary factors favour re-opening - consideration of applicable principles

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