Wiley v The Commonwealth of Australia [1995] FCA 782

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G3331 of 1994 ) GENERAL DIVISION ) BETWEEN: HUGH JENNER WILEY as liquidator of UNITED TELECASTERS SYDNEY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent

JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE ORDER MADE: 29 SEPTEMBER 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The question ordered to be decided separately from any other question in the proceeding, namely, whether the property disposed of by means of the following payments was property of United Telecasters Sydney Limited (Receivers and Managers Appointed) (In Liquidation), within the meaning of s. 468(1) of the Corporations Law, be answered as follows: The following payments made by the receivers and managers of United Telecasters Sydney Limited (Receivers and Managers Appointed) (In Liquidation) (UTS) to the Commonwealth of Australia did not constitute dispositions of property of UTS within the meaning of s. 468(1) of the Corporations Law.

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DATE PAID AMOUNT 13 June 1991 $ 2,000,000.00 26 June 1991 $ 1,000,000.00 25 July 1991 $ 1,000,000.00 28 August 1991 $ 1,000,000.00 27 September 1991 $ 1,000,000.00 15 October 1991 $18,332,317.77 $24,332,317.77 2. The applicant pay the respondent's costs of the hearing of the separate question.

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

CATCHWORDS CORPORATIONS - Winding up - receivership - powers of receivers and managers: s. 468 Corporations Law - "disposition of property of the company" - interpretation - whether payments by receivers after commencement of winding up are "dispositions of property of the company" - rights and powers of liquidators. Corporations Law: s. 468. Television Licence Fees Act 1964 (Cth)