Editions Tom Thompson Pty Ltd v Pilley [1997] FCA 882

FEDERAL COURT OF AUSTRALIA

CORPORATIONS - company subject to deed of company arrangement - dispute between company under administration and third party as to which owned certain goods - application under s 447D of the Corporations Law for directions as to whether administrators "entitled to sell" the goods - inappropriateness of procedure of application for directions to resolve substantive dispute between company and third party as to title.

PRACTICE AND PROCEDURE - company subject to deed of company arrangement - dispute between company under administration and third party as to which owned certain goods - application under s 447D of the Corporations Law for directions as to whether administrators "entitled to sell" the goods - inappropriateness of procedure of application for directions to resolve substantive dispute between company and third party as to title.

Corporations Law ss 442C, 447D, 479(3)

Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674followed

Re Magic Aust Pty Ltd (in liq) (1992) 7 ACSR 742 followed

Re J W Murphy & P C Allen; Re BPTC Ltd (in liq) (1996) 19 ACSR 569 followed

Osborne Computer Corporation Pty Ltd v Riddell (1995) 13 ACLC 1210 distinguished

EDITIONS TOM THOMPSON PTY LIMITED v BRUCE PILLEY

NG 3628 of 1996

LINDGREN J

7 AUGUST 1997

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 3628 of 1996 ) GENERAL DIVISION )

BETWEEN: EDITIONS TOM THOMPSON PTY LIMITED (subject to Deed of Company Arrangement) (ACN 067 149 946)

Applicant

AND: BRUCE PILLEY

Respondent

JUDGE: LINDGREN J PLACE: SYDNEY DATED: 7 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The applicant's motion for leave to amend brought by notice of motion filed on 7 August 1997 be dismissed. 2. The applicant pay the respondent's cost of that motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.