Toy, L.C.A. v. Registrar of Companies for the Northern Territory [1985] FCA 291

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Practice and Procedure - appeal against decision of judge of

Northern Territory Supreme Court upon inquiry into liquidator's conduct - whether appeal which challenges court findings not included in formal order of the Court an appeal against a "judgment, decree or order" under s.24 of the Federal Court Act - consideration of nature of inquiry under sub-s.278(2) of Companies Act (N.T.) - whether adverse findings concerning conduct or credibility of a person neither a party nor a witness appealable -

comments upon scope of appellate power of Federal Court generally

Words and Phrases - "judaqment, decree or order"

Federal Court of Australia Act 1976 ss.4, 24 Constitution, s.73

Companies Act (N.T.) s.278

LAURENCE CHEONG AH TOY v. REGISTRAR OF COMPANIES FOR THE NORTHERN TERRITORY

No. NTG 1 of 1985

TOOHEY, MORLING & WILCOX Jd. PERTH

5 JULY 1985

IN THE FEDERAL COURT OF AUSTRALIA ' NORTHERN TERRITORY OF AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

JUDGES MAKING ORDER

DATE OF ORDER

WHERE MADE

No. NTG 1 of 1985

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ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

IN THE MATTER of the Companies Act

and

IN THE MATTER of Day & Dent Constructions Pty. Ltd. (In Liquidation)

and

IN THE MATTER of a Report by the Registrar of Companies pursuant to Section 278 of the Companies Act of the Northern Territory (as amended)

and

LAURENCE CHEONG AH TOY

Appellant

and

REGISTRAR OF COMPANIES FOR THE NORTHERN TERRITORY

Respondent

MINUTE OF ORDER

Toohey, Morling & Wilcox JJ. 5 July 1985

Perth

THE COURT ORDERS THAT:

Sub-varaqraphs l(e), (f£), (a), (Ch), (k), (1), (m) and

(n) of the supplementary notice of appeal be struck out

as incompetent.

The costs of the respondent's motion be reserved to the

Full Court before whom the appeal is heard.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules