Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Velissaris v Fitzgerald [2011] FCAFC 120 Citation: Velissaris v Fitzgerald [2011] FCAFC 120
Appeal from: Velissaris v Fitzgerald [2011] FCA 197
Parties: GEORGE VELISSARIS v LAURENCE FITZGERALD and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: VID 223 of 2011
Judges: GILMOUR, JAGOT & NICHOLAS JJ
Date of judgment: 9 September 2011
Catchwords: CORPORATIONS – appeal against primary judge's order dismissing application to terminate winding up of corporation – primary judge's exercise of discretion not shown to have miscarried – appeal dismissed with costs
Legislation: Corporations Act 2001 (Cth) s 482(1) Trade Practices Act 1974 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 31A(2) Liquidation of Action Act 1958 s 5
Cases cited: Gematech Pty Ltd v Bardi Investments Pty Ltd (2008) NSWSC 196 House v R (1934) 55 CLR 499 Maryvell Investments Pty Ltd (in liq) v Sigma Constructions Pty Ltd (Retail Tenants) [2010] VCAT 1380 Re Maryvell Investments Pty Ltd (in liq) (No 2) [2010] VSC 401 Re Maryvell Investments Pty Ltd (in liq) [2009] VSC 61 Re Maryvell Investments Pty Ltd (in liq) [2010] VSC 278 Re United Medical Protection Ltd (2003) 47 ACSR 705 Sigma Constructions (Vic) Pty Ltd v Marvell Investments Pty Ltd [2004] VSCA 242 Velissaris v Maryvell Invesments Pty Ltd (In Liquidation) & Anor [2007] HCATrans 544 Velissaris v Maryvell Investments (in liq) (No 2) [2008] FCA 511 Vellisaris & Ors v Maryvell Investments Pty Ltd (in liquidation) & Ors [2009] VSC 448 von Risefer v Mainfreight International Pty Ltd (2009) 25 VR 366
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