Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission V Austimber Pty Ltd [1999] FCA 566
CORPORATIONS LAW – Order for winding up of Company on the 'just and equitable' ground – insolvent trading – misleading and deceptive conduct – public interest - whether the company's business has not been carried on with candid and straightforward dealings with the public Corporations Law ss 461(k) and 588G Australian Securities Commission v AS Nominees Ltd (1995) 62 FCR 504 – applied Re Producers Real Estate and Finance Co Ltd [1936] VLR 235 – considered
AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION v AUSTIMBER PTY LTD (ACN 078 984 862) VG 3412 of 1998 JUDGE: MERKEL J DATE: 16 MARCH 1999 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 3412 OF 1998
BETWEEN: AUSTALIAN SECURITIES AND INVESTMENTS COMMISSION
Applicant
AND: AUSTIMBER PTY LTD
(ACN 078 984 862)
Respondent JUDGE: MERKEL J
DATE OF ORDER: 16 MARCH 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Austimber Pty Ltd be wound up under the provisions of s 461(k) of the Corporations Law.
2. Paul Anthony Pattison of Level 14, 461 Bourke Street, Melbourne be appointed liquidator of the respondent.
3. The applicant's costs be taxed and be reimbursed out of the property of the respondent in accordance with s 466(2) of the Corporations Law. 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 3412 OF 1998
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Applicant
AND: AUSTIMBER PTY LTD
(ACN 078 984 862)
Respondent
JUDGE: MERKEL J
DATE: 16 MARCH 1999
PLACE: MELBOURNE
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