Federal Court of Australia
CATCHWORDS CORPORATIONS - calls made on unpaid shares - list of contributories settled by liquidator - effect of failure to take objection to inclusion on settled list - extension of time application made to have names removed from settled list of contributories - no prejudice suffered by liquidator by removal of names - likelihood of success of any applications to vary settled list of contributories. Corporations Law ss 9, 184, 478, 483(3)(b), 514-516 Corporations Regulations regs 1.06, 5.6.58 - 5.6.62 Corporations Regulations Schedule 2: Forms 538, 539, 544, 545 No. SG 3007 of 1995 IN THE MATTER of MURRAY RIVER FM PTY LTD (IN LIQUIDATION) ACN 008 062 607 RE: ROBERT MICHAEL KENNEDY Applicant - and - ROBIN HARRY WILLIAMSON, JANINE CLARK WILLIAMSON, JENNIFER RUTH BOLTO, DESMOND DEAN BOLTO, ALFRED MURRAY DYER, RODNEE MARION STEWART, KAYTON ENTERPRISES PTY LTD, RICHARD JAMES STEWART, IAN HAGUE SHOWELL, FRANCIS IAN SHOWELL, CHRISTOPHER LLOYD PEARCE, EDNA MARIE THOMAS, EDWARD TWYFORD TOWNSEND and VALERIE AILEEN TOWNSEND Respondents Branson J Adelaide 29 August 1995
IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No. SG 3007 of 1995 ) GENERAL DIVISION ) IN THE MATTER of MURRAY RIVER FM PTY LTD (IN LIQUIDATION) ACN 008 062 607 RE: ROBERT MICHAEL KENNEDY Applicant - and - ROBIN HARRY WILLIAMSON, JANINE CLARK WILLIAMSON, JENNIFER RUTH BOLTO, DESMOND DEAN BOLTO, ALFRED MURRAY DYER, RODNEE MARION STEWART, KAYTON ENTERPRISES PTY LTD, RICHARD JAMES STEWART, IAN HAGUE SHOWELL, FRANCIS IAN SHOWELL, CHRISTOPHER LLOYD PEARCE, EDNA MARIE THOMAS, EDWARD TWYFORD TOWNSEND and VALERIE AILEEN TOWNSEND Respondents REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 29 August 1995 The official liquidator of Murray River FM Pty Ltd (In Liquidation) ("the company") has applied pursuant to s483(3)(b) of the Corporations Law for orders for payment of a call made by the applicant as the liquidator of the company. The factual background to the application is not in serious dispute. The respondents at various times earlier than March
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