Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) v Australian Securities and Investments Commission [2010] FCAFC 49 Citation: Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) v Australian Securities and Investments Commission [2010] FCAFC 49
Appeal from: Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) (No 2) [2009] FCA 493
Parties: LANEPOINT ENTERPRISES PTY LTD (ACN 110 693 251) (RECEIVERS AND MANAGERS APPOINTED) v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: WAD 92 of 2009
Judges: NORTH, SIOPIS AND BUCHANAN JJ
Date of judgment: 24 May 2010
Catchwords: CORPORATIONS – application to wind-up company – disputed debt – whether appropriate to determine disputed debt in the course of the winding-up application – factors relevant to the exercise of discretion.
Legislation: Corporations Act 2001 (Cth) ss 95A, 459C, 459G, 459P, 459S(1), 467(1), 542(1), 588FB, 588FDA, 588FE, 588FF Corporate Law Reform Act 1992 (Cth)
Cases cited: Re the Imperial Silver Quarries Company Limited [1868] 16 WR 1220 Fortuna Holdings Pty Ltd v The Deputy Commissioner of Taxation (Cth) [1978] VR 83 Re Jeff Reid Pty Ltd and the Companies Act (1980) 5 ACLR 28 L & D Audio Acoustics Pty Ltd v Pioneer Electronic Australia Pty Ltd (1982) 7 ACLR 180 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2007) 69 NSWLR 374 Williams v Spautz (1992) 174 CLR 509 Grant Thornton Services (NSW) Pty Ltd v St George Wholesale Distributors Pty Ltd (No 2) [2009] FCA 557 Radiancy (Sales) Pty Limited v Bimat Pty Limited (2007) 25 ACLC 1216 Ocean City Ltd (rec and mgr apptd) v Southern Oceanic Hotels Pty Ltd (1993) 10 ACSR 483 Offshore Oil NL v Acron Pacific Ltd (1984) 2 ACLC 8 In Re QBS Pty Ltd [1967] Qd R 218 Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd [2009] FCA 258 Ace Contractors and Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Expile Pty Ltd v Jabb's Excavations Pty Ltd (2003) 21 ACLC 684 Expile Pty Ltd v Jabb's Excavations Pty Ltd (No 2) (2003) 45 ACSR 711 Equity Australia Corp Pty Ltd v Falgat Constructions Pty Ltd (2005) 54 ACSR 813
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