Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS - winding up - failure to comply with statutory demand - guarantee of debt of predecessor company - guarantee allegedly executed after appointment of external administrator - defence of non est factum - director failing to read guarantee or seek legal advice - document not of different nature - director negligent - whether defence precluded by s 164 Corporations Law Corporations Law - ss 164, 459F, 459S Whelpton v Braams Constructions (1994) 12 ACLC 881 at 884 mentioned Commonwealth Bank of Australia v Begonia (1993) 11 ACLC 1075 mentioned Saunders v Anglia Building Society [1971] AC 1004 applied Petelin v Cullen (1975) 132 CLR 355 applied Indrisie v General Credits Limited [1985] VR 251 applied Covino v Bandag Manufacturing Pty Ltd [1983] 1 NSWLR 237 at 240-1 applied Re: CITIC COMMODITY TRADING PTY LTD -V- JBL ENTERPRISES (WA) PTY LTD
VG 3172 of 1997
JUDGE: HEEREY J
DATE: 16 march 1998
PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3172 of 1997
BETWEEN: CITIC COMMODITY TRADING PTY LTD
Applicant
AND: JBL ENTERPRISES (WA) PTY LTD
Respondent
JUDGE: heerey J
DATE OF ORDER: 16 march 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: (i) JBL Enterprises (WA) Pty Ltd have leave to oppose the winding up application; (ii) JBL Enterprises (WA) Pty Ltd be wound up and that Garry John Trevor be appointed liquidator; and (iii) the costs of the applicant, including reserved costs, be costs in the winding up.
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 vg 3172 of 1997
BETWEEN: CITIC COMMODITY TRADING PTY LTD
Applicant
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