Will the Court grant leave to continue proceedings when an association enters voluntary administration before final orders?
The NSW Court of Appeal has recently dealt with the issue of whether leave should be granted to allow proceedings to continue to final orders in a situation where administrators were appointed after publication of the Court's reasons, but before final orders were made. Section 440D of the Corporations Act (Act) prevents proceedings from being commenced or continued during the period of administration of a company, except:with the...