Federal Court of Australia
CATCHWORDS CORPORATIONS - Winding up - Statutory demand - Non compliance - Winding up application - Administrator appointed - Administrator seeks adjournment of application pending meeting of creditors - Whether in interests of company's creditors for company to remain under administration rather than be wound up. Corporations Law s 440A(2) TRAVEL WORLD TRAVEL SERVICE PTY LTD (ACN 005 402 942) v ROSE GRISBROOK PTY LTD (ACN 005 292 884) (under administration) VG 3338 of 1996 COURT: Sundberg J PLACE: Melbourne DATE: 4 September 1996
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 3338 of 1996 GENERAL DIVISION ) BETWEEN: TRAVEL WORLD TRAVEL SERVICE PTY LTD (ACN 005 402 942) Applicant AND: ROSE GRISBROOK PTY LTD (ACN 005 292 884) (under administration) Respondent COURT: Sundberg J DATE: 4 September 1996 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. The respondent be wound up under the provisions of the Corporations Law. 2. Michael Humphris of 360 Elizabeth Street Melbourne, an official liquidator, be appointed liquidator of the respondent. 3. The applicant's costs, including any reserved costs, be taxed and reimbursed out of the property of the respondent in accordance with s 466(2) of the Law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 3338 of 1996 GENERAL DIVISION ) BETWEEN: TRAVEL WORLD TRAVEL SERVICE PTY LTD (ACN 005 402 942) Applicant AND: ROSE GRISBROOK PTY LTD (ACN 005 292 884) (under administration) Respondent COURT: Sundberg J DATE: 4 September 1996 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: On or about 18 March 1996 the applicant served on the respondent a statutory demand under s 459E of the Corporations Law requiring payment of the sum of $71,304.24. The respondent did not comply with the demand, and on 3 July the applicant applied for an order that the respondent be wound up. On 13 August 1996 Colin Raymond McDonald gave notice of his intention to appear on the hearing of the application and to oppose it on the ground that he had been appointed administrator of the respondent on the previous day with a view to calling a meeting of creditors to consider whether the respondent should execute a deed of company arrangement or be wound up. In the notice Mr McDonald expressed the view that it would be in the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate