ORDER
JUDGE: Justice Longbottom
DATE OF ORDER: 29 December 2025
WHERE MADE: Sydney
THE COURT ORDERS THAT:
- Pursuant to subsections 447A(1) and 443B(8) of the Corporations Act 2001 (Cth), Part 5.3A of the Corporations Act is to operate in relation to the Second Plaintiff as if subsection 443A(1)(c) and subsection 443B(2) of the Corporations Act provide that the First Plaintiff is not, on and from 22 December 2025 and up to and including 15 January 2026, personally liable for any debts or other liability with respect to any real property hired, leased, used or occupied, by the second plaintiff (including in respect of any amounts payable pursuant to any leases entered into by the second plaintiff).
- Within three (3) business days of the making of these orders, the Plaintiffs are to take all reasonable steps to give notice of these orders to the creditors of the Second Plaintiff (including persons claiming to be creditors):
(a) by email transmission to creditors for whom the First Plaintiff has a current email address;
(b) by ordinary post to creditors for whom the First Plaintiff has only a postal address (or where notification is received of non-delivery of a notice sent by email in accordance with subparagraph 2(a) above);
(c) in addition, by publishing notice on the website of the First Plaintiff. - Within three (3) business days of the making of these orders, the Plaintiffs are to take all reasonable steps to give notice of these orders to the Australian Securities and Investments Commission.
- Any person demonstrating sufficient interest in order 1 (including but not limited to a creditor of the Second Plaintiff) above has liberty to apply to vary that order on three (3) business days’ notice to the Plaintiffs and to the Court.
- Any person demonstrating sufficient interest in order 1 (including but not limited to a creditor of the Second Plaintiff) above has liberty to apply to vary that order on three (3) business days’ notice to the Plaintiffs and to the Court.
- Pursuant to section 37AF of the Federal Court of Australia Act 1976 (Cth), on the ground that non-disclosure of the evidence is necessary to prevent prejudice to the proper administration of justice, until such time as the external administration of the Second Plaintiff is concluded, or unless otherwise ordered, the confidential affidavit of Stephen Robert Dixon affirmed on 23 December 2025, including its annexures are:
(a) to be treated as confidential;
(b) to be sealed on the Court file in an envelope marked “Not to be opened except by leave of the Court or a Judge”;
(c) not to be published or made available and any electronic version thereof is to be treated in an analogous fashion; and
(d) not to be disclosed to any person other than:
(i) the Court;
(ii) the Plaintiffs and their legal representatives;
(iii) any person to whom the Plaintiffs have consented to it being disclosed by that person executing an undertaking in the form annexed to the affidavit of Angelina Kozary dated 28 December 2025.
Date orders authenticated: 29 December 2025
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Schedule
No: NSD2410/2025
Federal Court of Australia
District Registry: New South Wales Registry
Division: General
Interested Person No: NSD2410/2025 TATONG ENTERPRISES PTY LTD
Second Plaintiff RON CROUCH TRANSPORT PTY LTD (ADMINISTRATOR APPOINTED) (ACN 002 187 046)