Federal Court of Australia
FEDERAL COURT OF AUSTRALIA CORPORATIONS - insolvency - company under administration - Deed of Company Arrangement - validity of resolution - execution of Deed by administrator in dual capacity on behalf of company and in his own right - whether Deed should be terminated - further investigation of possible insolvent trading - no provision for right of set off - extinguishment of royalty entitlements under contractual agreements - no extension of time for administration sought.
Corporations Law Corporations Regulations Brash Holdings Limited v Katile Pty Ltd (1994) 12 ACLC 472, cited Winterton Constructions Pty Ltd v M.A. Coleman Joinery Co Pty Ltd (1996) 20 ACSR 671, discussed Mulcon Pty Ltd v MYT Engineering Pty Ltd (1996) 14 ACLC 1054, distinguished MYT Engineering Pty Ltd v Mulcon Pty Ltd (1997) 25 ACSR 78, distinguished CENTRAL DATA NETWORKS PTY LTD v GLOBAL DIAGNOSTICS LTD & ANOR NG 3097 OF 1998
FRENCH J PERTH 30 JUNE 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ng 3097 of 1998
BETWEEN: CENTRAL DATA NETWORKS PTY LTD
Applicant
AND: GLOBAL DIAGNOSTICS LTD & ANOR
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 30 JUNE 1998
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application is dismissed. 2. It is hereby declared that the Deed of Company Arrangement executed on 28 May 1998 is valid. 3. The Applicant to pay the Respondent's costs of the application. 4. There is no separate order for costs on the cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3097 of 1998
BETWEEN: CENTRAL DATA NETWORKS PTY LTD
Applicant
AND: GLOBAL DIAGNOSTICS LTD & ANOR
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