Shafston Avenue Construction Pty Ltd v McCann [2020] FCAFC 85 (22 May 2020) (Farrell, Davies and Moshinsky 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 the primary judge refused to terminate deed of company arrangement – whether primary judge erred in finding that there was not a likely prospect of the creditors of the company receiving a better outcome in the liquidation of the company – whether the primary judge erred in making certain factual findings – whether the primary judge erred in the exercise of his discretion

PRACTICE AND PROCEDURE – new point on appeal – where the appellants sought to rely on certain Australian cases that had not been referred to at first instance to support the proposition that the requirement of reciprocity (for recognition of an Australian judgment in China) would be satisfied – whether the appellants’ submission amounted to a new point on appeal – whether the appellants should have leave to make the submission