Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 175 of 1998
IN THE MATTER OF: STEVE CARLOS & ASSOCIATES PTY LTD (ACN 010 806 130)
BETWEEN: STEPHEN WAYNE SINCLAIR
Applicant
AND: GEORGE & CARLOS ACCOUNTANTS AND ADVISERS
FIRST Respondent
JAYSHURST PTY LTD & CHELFIELD PTY LTD
SECOND RESPONDENTS
JUDGE: DRUMMOND J
DATE OF ORDER: 18/12/98
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondents' costs of QG 175 of 1998.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 175 of 1998
IN THE MATTER OF: STEVE CARLOS & ASSOCIATES PTY LTD (ACN 010 806 130)
BETWEEN: STEPHEN WAYNE SINCLAIR
Applicant
AND: GEORGE AND CARLOS ACCOUNTANTS AND ADVISERS
FIRST Respondent
JAYSHURST PTY LTD & CHELFIELD PTY LTD
SECOND RESPONDENTS
JUDGE: DRUMMOND J
DATE: 18/12/98
PLACE: BRISBANE
REASONS FOR JUDGMENT
This is an application for an order said to be brought in reliance on ss 486A, 460(1)(e) and 460(1)(f) the Corporations Law for the appointment of a receiver and manager for three entities: firstly, George & Carlos Accountants and Advisers; secondly, Jayshurst Pty Ltd; and thirdly, Chelfield Pty Ltd. The object of the application is to pursue assets said by Mr Sinclair to belong to another company, Steve Carlos & Associates Pty Ltd, which have been wrongly taken from that company by persons associated with the three entities the subject of the present application.
Mr Sinclair has long had an application for the winding up of Steve Carlos and Associates Pty Ltd before the Court. It is possible that he may ultimately get around to attending to what he has to do to obtain that winding up order. The respondent to that application has never opposed the making of the winding up order. Mr Sinclair has now got this application to the stage where a provisional liquidator has been appointed. His difficulties in large part stem from his failure to take advantage of the assistance offered to him by Registry staff with respect to the running of his winding up application. Once a winding up order is made, there will be a liquidator in charge of the administration of Steve Carlos and Associates Pty Ltd, who will have the full power and be duty bound to pursue the question of deprivation of the assets in question of that company.
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