Federal Court of Australia
JUDGMENT No. ona? Scout
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 3580 of 1994 GENERAL DIVISION )
IN THE MATTER OF NORTHLINE EXPRESS PTY LIMITED AUSTRALIAN COMPANY NUMBER: 010 358 853
COLIN MUNDT Applicant
AND
AUSTRALIAN SECURITIES COMMISSION Respondent
CORAM: LINDGREN J PLACE: SYDNEY
DATE: 30 NOVEMBER 1994 THE COURT
i. ORDERS pursuant to s 574 (3) of the Corporations Law that the Registration of Northline Express Pty Limited (in
Liquidation) be reinstated.
2. ORDERS pursuant to s 471B of the Corporations Law that Colin Mundt have leave to proceed with proceedings No 13979 of 1988 in the Common Law Division of the Supreme Court of New South Wales against Northline Express Pty Limited (in Liquidation) subject to the condition that he shall not enforce any Judgment or Order against Northline Express Pty Limited (in Liquidation) without leave of a
"Court" as defined in Section 9 of the Corporations Law.
3. ORDERS pursuant to s 473 (1) of the Corporations Law that
Desmond William Knight be removed as liquidator of
Northline Express Pty Limited (in Liquidation).
ORDERS pursuant to s 502 of the Corporations Law that Mr
T J Schmierer of Knights, Accountants and business
Advisers, Banking Annex, 5th Floor, Central Plaza One, 345 Queen Street, Brisbane be appointed as liquidator of
Northline Express Pty Limited (in Liquidation).
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 3580 of 1994 GENERAL DIVISION )
IN THE MATTER OF NORTHLINE EXPRESS PTY LIMITED AUSTRALIAN COMPANY NUMBER: 010 358 853
COLIN MUNDT Applicant
AND
AUSTRALIAN SECURITIES COMMISSION Respondent
CORAM: LINDGREN J PLACE: SYDNEY DATE: 30 NOVEMBER 1994
NS FOR JUDGMENT
In this matter an application was made ex parte, by written application dated 10 November 1994, by Colin Mundt ("Mr Mundt") for, in effect, the re-registration of the company Northline Express Pty Limited ("the Company") and other relief directed to enable him to pursue currently pending proceedings against the Company. These ex tempore reasons do not purport to cover the whole history of the matter, or to express as fully as might be desirable, all of the considerations which have led me to think that I should exercise my discretion in
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