Federal Court of Australia

Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 5) [2026] FCA 747

THE COURT NOTES THAT:

A.    Mr Lufti is bankrupt and a trustee in bankruptcy has been appointed

THE COURT ORDERS THAT:

1.    There be default judgment against the second and third defendants with damages to be assessed.

2.    Pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth), the assessment of damages is referred to a Registrar of the Court as Referee to conduct an assessment of damages and provide to the Court a written report setting out their opinion on any issues arising and their reasons.

3.    The requirements of rr 28.65(7) and 28.66(a) of the Federal Court Rules 2011 (Cth) be dispensed with.

4.    The inquiry be conducted:

(a)    on the basis of the evidence and submissions which are filed in accordance with the orders and any further orders the Referee may make;

(b)    in the manner which, in the Referee’s opinion, is the most efficient and practical in order to address the issues arising, with as little formality and expense as is reasonably possible.

5.    The Referee may make such directions as they consider appropriate in order to effect the inquiry in conformity with these orders.

6.    The matter is listed for mention only at 9.00am (ACST) on Wednesday 15 July 2026.

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

REASONS FOR JUDGMENT

Ex tempore, settled from transcript

O’SULLIVAN J:

1    In SAD 91 of 2024, David John Tucker was given leave to institute derivative proceedings against Mr Ihab Anthony Rockwell Lutfi, the first defendant, as well as Lutfi-Proctor Holdings Pty Ltd and IEM Management Pty Ltd, the second and third defendants respectively.

2    A statement of claim was served on the second and third defendants on 17 July 2024.

3    I am informed today by Ms Chryssidis, who appeared for Mr Tucker, that no defences have been filed.

4    Mr Lutfi appeared today but does not have leave to appear on behalf of the second or third defendants. The Court has informed Mr Lutfi on numerous occasions he does not have leave to appear in this matter on behalf of companies of which he is a Director.

5    Mr Lutfi asserted that a defence for the second and third defendants had been filed on 29 July 2024. However, that document relates to the claim against Mr Lutfi personally.

6    Mr Tucker now applies, pursuant to an interlocutory application filed on 1 May 2026, for default judgment against the second and third defendants with damages to be assessed.

7    Pursuant to r 16.32 of the Federal Court Rules 2011 (Cth), the second and third defendants were required to file a defence within 28 days after service of the proceedings. That time expired in or about mid-August 2024.

8    Accordingly, there will be judgment in default entered against Lutfi Proctor Holdings Pty Ltd and IEM Management Pty Ltd with damages to be assessed.

Associate:

Dated:    3 July 2026

SCHEDULE OF PARTIES