Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 4) [2025] FCA 840 (20 June 2025)

NICHOLAS DAVID COOPER AS JOINT AND SEVERAL RECEIVER OF GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED)

DOMINIC CHARLES CANTONE AS JOINT AND SEVERAL RECEIVER OF GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED)

GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED) (IN LIQ)

IHAB ANTHONY ROCKWELL LUTFI (and another named in the Schedule)

IN THE MATTER OF GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED) ACN: 074 224 623

GREEN GRAIN PROCESSING TECHNOLOGIES PTY LTD (RECEIVERS APPOINTED) (IN LIQUIDATION) ACN 074 224 623

1. The second interested party's interlocutory applications filed 14 April 2025, 28 May 2025 and 2 June 2025 are dismissed.
2. The second interested party is to pay the first, fourth and fifth interested parties' costs of and incidental to the second interested party's interlocutory applications filed 14 April 2025, 28 May 2025 and 2 June 2025 in any event.

1. The proceedings in SAD 91 of 2024 and SAD 144 of 2023 are to proceed to trial together, with evidence in one matter being evidence in the other.

1. By on or before 25 July 2025, the parties are to make standard discovery of documents pursuant to r 20.14 of the Federal Court Rules 2011 (Cth), that is: those documents which satisfy the requirements of FCR 20.14.
2. In the event any party asserts the other party has not made discovery in accordance with these orders, that party is to file and serve an application seeking further discovery by no later than 1 August 2025, with such application returnable before a Registrar of the Court.

1. Pursuant to FCR 5.04, all evidence in chief of expert witnesses in the trial is to be by way of affidavits and the parties may only lead oral evidence in chief from any expert witness in addition to that contained in that witness affidavit with permission of the trial judge.
2. By on or before 17 October 2025, the first, fourth and fifth interested parties are to file and serve affidavits for all expert witnesses to be called by them at trial.
3. By on or before 30 January 2026, the second and third interested parties are to file and serve affidavits for all expert witnesses to be called by them at trial.
4. By on or before 6 February 2026, the first, fourth and fifth interested parties are to file and serve any affidavits in reply for all expert witnesses to be called by them at trial.

1. Pursuant to FCR 5.04, all evidence in chief of lay witnesses in the trial is to be by way of affidavit:

(a) Save for in respect of a witness giving evidence in response to a subpoena who is not prepared to disclose their evidence to the party calling; and

(b) The parties may only lead oral evidence in chief from any lay witness in addition to that contained in that witness affidavit with the permission of the trial judge.

1. By on or before 24 October 2025, the first, fourth and fifth interested parties are to file and serve affidavits for all lay witnesses to be called by them at trial.
2. By on or before 19 December 2025, the second and third interested parties to file and serve affidavits for all lay witnesses to be called by them at trial.
3. By on or before 6 February 2026, the first, fourth and fifth interested parties are to file and serve affidavits in reply if any, for all lay witnesses to be called by them at trial.

1. Pursuant to FCR 4.05, by on or before 24 October 2025, the first, fourth and fifth interested parties are to serve in electronic Adobe PDF format a draft index to a joint tender book identifying those documents upon which the first, fourth and fifth interested parties intends to rely at the trial of this matter
2. By on or before 19 December 2025, the second and third interested parties are to serve in electronic form a response to the draft index of the joint tender book identifying those documents not contained in the draft index prepared by the first, fourth and fifth interested parties and upon which the second and third interested parties intend to rely at the trial of this matter.
3. By on or before 30 January 2026, the first, fourth and fifth interested parties are to file and serve in electronic form a tender book including:

(a) PDF index with individual hyperlinks to each document attached to the parent index so that when the hyperlink is activated the attached document opens in a new pdf window while the index remains open;

(b) PDF documents in pdf text searchable format that is: using the scan and OCR icon;

(c) PDF attachments named according to their corresponding tab numbers in the index followed by a sufficient descriptor of the document; and

(d) such that a document's printed page number corresponds with its internal pdf page number. This includes the index or any title pages which should not be given roman numerals, and the first page should be number 1.

1. By on or before 8 February 2026, the first, fourth and fifth interested parties are to lodge two hard copies of the joint tender book with the Court and provide one copy only for use by the second and third interested parties.
2. The matter is listed for trial commencing at 10.00am (ACDT) on Monday 16 February 2026, with 10 days set aside.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

1. There are three interlocutory applications before the Court, all of which are brought by Mr Lutfi, the second interested party. The first is dated 14 April 2025, which seeks particulars and that DW Fox Tucker the solicitors for the first, second and fifth interested parties cease to act. It is supported by an affidavit of Mr Lutfi sworn 14 April 2025, which I have considered. Nothing has been put before the Court to support any claim for particulars and insofar as the application for an order that DW Fox Tucker cease to act, that would require injunctive relief. No basis has been revealed for that, other than allegations relating to the preparation of documents. It is not an order the Court is prepared to make. Accordingly, that interlocutory application is dismissed.
2. The second interlocutory application is dated 29 May 2025, which ostensibly seeks what is described as equitable relief. It is supported by an affidavit of Mr Lutfi sworn 29 May 2025. In essence, it seeks an order that a previous costs order made in this matter be set aside. That costs order was made following a representation made to the Court on a previous occasion by Mr Lutfi's then solicitor that certain funds were available. It was because of that representation that no order for payment of many into Court was made. Subsequently, it was revealed that the money was not available and had ceased to become available. Nothing new has been put before the Court to disavow that position. The order for costs will not be revisited. The interlocutory application dated 29 May 2025 is dismissed.
3. The third interlocutory application is dated 2 June 2025. It seeks dis-joinder of IEM Management Proprietary Limited as trustee of the Lutfi Superannuation Fund. It is supported by an affidavit of Mr Lutfi sworn 2 June 2025. It is filed in action no. SAD 144 of 2023 to which IEM Management Proprietary Limited is not a party. In fact, it is a party to separate derivative proceedings, action no. SAD 91 of 2024.
4. In any event, there has been no basis shown for the removal of IEM Management Proprietary Limited from action no. SAD 91 of 2024. If IEM Management Proprietary Limited has no liability then, no doubt, it will establish that at trial. Accordingly, the interlocutory application of 2 June 2025 is dismissed.
5. There will be a number of orders in this matter. The first order is that:

(1) The second interested party's interlocutory applications filed 14 April 2025, 28 May 2025 and 2 June 2025 are dismissed.

(2) The proceedings in SAD 91 of 2024 and SAD 144 of 2023 are to proceed to trial together, with evidence in one matter being evidence in the other.

(3) By on or before 25 July 2025, the parties are to make standard discovery of documents pursuant to r 20.14 of the Federal Court Rules 2011 (Cth), that is: those documents which satisfy the requirements of FCR 20.14.

(4) In the event any party asserts the other party has not made discovery in accordance with these orders, that party is to file and serve an application seeking further discovery by no later than 1 August 2025, with such application returnable before a Registrar of the Court.

(5) Pursuant to FCR 5.04, all evidence in chief of expert witnesses in the trial is to be by way of affidavits and the parties may only lead oral evidence in chief from any expert witness in addition to that contained in that witness affidavit with permission of the trial judge.

(6) By on or before 17 October 2025, the first, fourth and fifth interested parties are to file and serve affidavits for all expert witnesses to be called by them at trial.

(7) By on or before 30 January 2026, the second and third interested parties are to file and serve affidavits for all expert witnesses to be called by them at trial.

(8) By on or before 6 February 2026, the first, fourth and fifth interested parties are to file and serve any affidavits in reply for all expert witnesses to be called by them at trial.

(9) Pursuant to FCR 5.04, all evidence in chief of lay witnesses in the trial is to be by way of affidavit:

(a) Save for in respect of a witness giving evidence in response to a subpoena who is not prepared to disclose their evidence to the party calling; and

(b) The parties may only lead oral evidence in chief from any lay witness in addition to that contained in that witness affidavit with the permission of the trial judge.

(10) By on or before 24 October 2025, the first, fourth and fifth interested parties are to file and serve affidavits for all lay witnesses to be called by them at trial.

(11) By on or before 19 December 2025, the second and third interested parties to file and serve affidavits for all lay witnesses to be called by them at trial.

(12) By on or before 6 February 2026, the first, fourth and fifth interested parties are to file and serve affidavits in reply if any, for all lay witnesses to be called by them at trial.

(13) Pursuant to FCR 4.05, by on or before 24 October 2025, the first, fourth and fifth interested parties are to serve in electronic Adobe PDF format a draft index to a joint tender book identifying those documents upon which the first, fourth and fifth interested parties intends to rely at the trial of this matter

(14) By on or before 19 December 2025, the second and third interested parties are to serve in electronic form a response to the draft index of the joint tender book identifying those documents not contained in the draft index prepared by the first, fourth and fifth interested parties and upon which the second and third interested parties intend to rely at the trial of this matter.

(15) By on or before 30 January 2026, the first, fourth and fifth interested parties are to file and serve in electronic form a tender book including:

(a) PDF index with individual hyperlinks to each document attached to the parent index so that when the hyperlink is activated the attached document opens in a new pdf window while the index remains open;

(b) PDF documents in pdf text searchable format that is: using the scan and OCR icon;

(c) PDF attachments named according to their corresponding tab numbers in the index followed by a sufficient descriptor of the document; and

(d) such that a document's printed page number corresponds with its internal pdf page number. This includes the index or any title pages which should not be given roman numerals, and the first page should be number 1.

(16) By on or before 8 February 2026, the first, fourth and fifth interested parties are to lodge two hard copies of the joint tender book with the Court and provide one copy only for use by the second and third interested parties.

(17) The matter is listed for trial commencing at 10.00am (ACDT) on Monday 16 February 2026, with 10 days set aside.

(18) The second interested party is to pay the first, fourth and fifth interested parties' costs of and incidental to the second interested party's interlocutory applications filed 14 April 2025, 28 May 2025 and 2 June 2025 in any event.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice O'Sullivan.