Whelpton, K. v Braams Constructions Pty Ltd [1994] FCA 667

MUDGMENT No, 1292 «2,

CATCHWORDS

CORPORATIONS - application to wind up - whether leave under s 459S Corporations Law to oppose an application to wind up should be determined as a preliminary question to the hearing of the application.

Corporations Law s 4598, s 459E

Re Vaportec International Pty Ltd; Re Parktec International Pty Ltd (1994) 12 ACLC Commonwealth Bank of Australia v Begonia (1993) 11 ACLC 1075

Topfelt Pty Ltd v State Bank of NSW Ltd (1994) 12 ACLC 15

Texel Pty Ltd v Commonwealth Bank of Australia (1993) 11 ACLC 1059

KEVIN WHELPTON v BRAAMS CONSTRUCTIONS PTY LIMITED (ACN 003 767 020)

No. NG 3050 OF 1994

Tamberlin J Sydney 20 September 1994

RECEIVED

20 SEP 1994

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 3050 of 1994

GENERAL DIVISION

Sa

BETWEEN : KEVIN WHELPTON Applicant

AND: BRAAMS CONSTRUCTIONS PTY LIMITED (ACN 003 767 020) Respondent

CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994

MINUTES OF ORDER IHE COURT ORDERS THAT :

1. The application to determine the question of leave under s 459S as a preliminary matter be dismissed.

2. The costs of the application and the hearing of the application be reserved.

3. The hearing of the application for leave be stood over for hearing in conjunction with the application for winding up.

NOTE : Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 3050 of 1994 ) GENERAL DIVISION ) BETWEEN : KEVIN WHELPTON Applicant AND: BRAAMS CONSTRUCTIONS PTY LIMITED (ACN 003 767 020) Respondent CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994

INS FO

In this matter the respondent seeks leave under s 459S of the Corporations Law to oppose an application to wind up the respondent on the ground of presumed