Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS - appointment of provisional liquidator - circumstances in which appointment should be made - leave to receiver to be appointed as provisional liquidator
Corporations Law s 532(2)
13 COROMANDEL PTY LTD v CL CUSTODIANS AND AUSTRALIAN PROPERTY CUSTODIANS PTY LTD
VG 3102 of 1998
FINKELSTEIN J MELBOURNE 9 APRIL 1998
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY _ VG 3102 of 1998 BETWEEN: 13 COROMANDEL PTY LTD
Applicant
AND: CL CUSTODIANS AND AUSTRALIAN PROPERTY CUSTODIANS PTY LTD Respondents
JUDGE: FINKELSTEIN J
DATE OF ORDER: 9 APRIL 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
Leave be granted pursuant to s 532(2) of the Corporations Law for Mark Anthony Korda to be appointed as the provisional liquidator of CL Custodians Pty Ltd pending the determination of the application or further order.
The provisional liquidator take possession as soon as possible of all the property, assets and undertaking of CL Custodians Pty Ltd of which possession may lawfully be taken.
The liquidator have all the powers that a liquidator of CL Custodians Pty Ltd would have under s 477(2) (except ss 477(2)(c) and (m) and 477(3)) of the Corporations Law if CL Custodians Pty Ltd were being wound up in insolvency or by the court.
The provisional liquidator's costs be taxed and paid out of the assets of CL Custodians Pty Ltd pursuant to the IPAA Melbourne scale.
The applicant's costs of and.incidental to the applicant's notice of motion filed 9 April 1998 be costs in the winding up.
Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) Exhibit "SJS-1" to the affidavit of Sally Joan Sheppard sworn on 9 April 1998 be kept confidential and subject to further order not to be disclosed to anyone other than Victorian Lawyers RPA Limited, and then only on terms that Victorian Lawyers RPA Limited, its employees and agents keep the contents of that exhibit confidential.
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