Object Design Inc v Object Design Australia Pty Ltd [1997] FCA 917

FEDERAL COURT OF AUSTRALIA

CORPORATIONS - appointment of provisional liquidator and administrator to same company - applicant minority share-holder and creditor - application for appointment of provisional liquidator of company - likelihood of company insolvency in near future - appointment by company of administrator - consent to appointment of administrator by majority share-holder - whether appointment of administrator valid - whether company "being wound up" - whether appointment of provisional liquidator precludes director from resisting winding up petition - whether director acting as officer or company itself - Corporations Law contemplating appointment of administrator notwithstanding appointment of provisional liquidator - functions of administrator and provisional liquidator - appointment of administrator allowed and appointment of provisional liquidator rescinded

WORDS AND PHRASES - "being wound up"

Corporations Law s 436A, 513A, 471A(2), 437G(1), 447A(1) and 447C

Re Laverton Nickel NL (1979) ACLC 32,084

Re Union Accident Insurance Co Ltd [1972] 1 All ER 1105

Aloridge Pty Limited v Christianos (1994) 12 ACLC 237

OBJECT DESIGN INC v OBJECT DESIGN AUSTRALIA PTY LTD

NO G 3177 of 1997

JUDGE: HEEREY J

PLACE: MELBOURNE

DATE: 25 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) G 3177 of 1997 ) GENERAL DIVISION )

BETWEEN: OBJECT DESIGN INC

Applicant

AND: OBJECT DESIGN AUSTRALIA PTY LTD

Respondent

JUDGE: HEEREY J PLACE: MELBOURNE DATE: 2 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The appointment of the provisional liquidator on 24 June 1997 is rescinded. 2. Declare that Dean McVeigh has been validly appointed as administrator of the respondent pursuant to Pt 5.3A Div 2 of the Corporations Law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.