Federal Court of Australia
CATCHWORDS CORPORATIONS - Winding-up - application for an order under s 548(2) of the Corporations Law resolving the difference between the Committee of Inspection appointed by a meeting of creditors of the company and the Committee of Inspection appointed by the contributory of the company - approach Court should take in determining matters arising under s 548(2) of the Corporations Law - whether contributories should be represented on Committees of Inspection. Corporations Law - s 548(2) Re Radford & Bright Limited (1901) 1 Ch D 272 RE: GEOFFREY RALPH JAMES; In the matter of COWRA PROCESSORS PTY LIMITED (In Liquidation) No. NG 3319 of 1995
FOSTER J 28 JULY 1995 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 3319 of 1995 ) GENERAL DIVISION ) RE: GEOFFREY RALPH JAMES Applicant
IN THE MATTER OF: COWRA PROCESSORS PTY LIMITED (In Liquidation) (ACN 061 216 546) JUDGE MAKING ORDERS: FOSTER J DATE: 28 JULY 1995 PLACE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT:
1. The Committee of Inspection appointed by the creditors of Cowra Processors Pty Limited (In Liquidation) on 19 December 1994, be the Committee of Inspection appointed in relation to the winding-up of Cowra Processors Pty Limited (In Liquidation).
2. The applicant's costs of this application be paid out of the assets of Cowra Processors Pty Limited (In Liquidation). Note: 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 3319 of 1995 ) GENERAL DIVISION ) RE: GEOFFREY RALPH JAMES Applicant
IN THE MATTER OF: COWRA PROCESSORS PTY LIMITED (In Liquidation) (ACN 061 216 546) CORAM: FOSTER J DATE: 28 JULY 1995 PLACE: SYDNEY REASONS FOR JUDGMENT (Extempore) HIS HONOUR: This is an application under s 548(2) of the Corporations Law. The application is brought by the liquidator of Cowra Processors Pty Limited (In Liquidation) ("Cowra Processors"), Geoffrey Ralph James. He seeks the following substantive order: "An order pursuant to s 548(2) resolving the difference between the Committee of Inspection appointed by the creditors of the company on 19 December 1994 and the Committee of Inspection appointed by the contributory of the company on 20 February 1995."
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