Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p64
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 64/71)
Character Range: 382758–385365

of the company;
 (e) an order in relation to any loss that the company has sustained because of a breach of duty by the external administrator;
 (f) an order in relation to remuneration, including an order requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company.

Matters that may be taken into account
 (4) Without limiting the matters which the Court may take into account when making orders, the Court may take into account:
 (a) whether the liquidator has faithfully performed, or is faithfully performing, the liquidator's duties; and
 (b) whether an action or failure to act by the liquidator is in compliance with this Act and the Insolvency Practice Rules; and
 (c) whether an action or failure to act by the liquidator is in compliance with an order of the Court; and
 (d) whether the company or any other person has suffered, or is likely to suffer, loss or damage because of an action or failure to act by the liquidator; and
 (e) the seriousness of the consequences of any action or failure to act by the liquidator, including the effect of that action or failure to act on public confidence in registered liquidators as a group.

Costs orders
 (5) Without limiting subsection (1), an order mentioned in paragraph (3)(d) in relation to the costs of an action may include an order that:
 (a) the external administrator or another person is personally liable for some or all of those costs; and
 (b) the external administrator or another person is not entitled to be reimbursed by the company or its creditors in relation to some or all of those costs.

Orders to make good loss sustained because of a breach of duty
 (6) Without limiting subsection (1), an order mentioned in paragraph (3)(e) in relation to a loss may include an order that:
 (a) the external administrator is personally liable to make good some or all of the loss; and
 (b) the external administrator is not entitled to be reimbursed by the company or creditors in relation to the amount made good.

Section does not limit Court's powers
 (7) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑20  Application for Court order
 (1) Each of the following persons may apply for an order under section 90‑15:
 (a) a person with a financial interest in the external administration of the company;
 (b) if the committee of inspection (if any) so resolves—a creditor, on behalf of the committee;
 (c) ASIC;
 (d) an officer of the company;
 (e) if the application is in relation to a