Merrill Lynch Equities (Australia) Ltd v Triangle Packing Case Pty Ltd [1999] FCA 810

FEDERAL COURT OF AUSTRALIA

Merrill Lynch Equities (Australia) Ltd v Triangle Packing Case Pty Ltd [1999] FCA 810 CORPORATIONS – winding up – review of decision of Judicial Registrar to dismiss application for winding up – where on the review, the applicant seeks an order for winding up outside the period stipulated by s 459R(1) of the Corporations Law – effect of s 459R Corporations Law is that any review of decision of Judicial Registrar must be completed within time limit set by that section. Federal Court of Australia Act 1976 s 18AC Corporations Law s 459R Federal Court Rules O 74 r 4 Cross v Deniliquin Council (1995) 129 ALR 418 referred to Re Australnet Ltd (1995) 13 ACLC 96 discussed Western Suburbs Electrical Supplies Pty Limited v Russell Electrical Services Pty Ltd (1994) 12 ACLC 719 discussed

MERRILL LYNCH EQUITIES (AUSTRALIA) LIMITED (ACN 006 276 795) V TRIANGLE PACKING CASE PTY LTD (ACN 000 036 671) VG 3207 OF 1998 SPENDER J 16 JUNE 1999 BRISBANE (heard in Melbourne)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 3207 OF 1998

BETWEEN: MERRILL LYNCH EQUITIES (AUSTRALIA) LIMITED

(ACN 006 276 795)

Applicant

AND: TRIANGLE PACKING CASE PTY LTD

(ACN 000 036 671)

Respondent JUDGE: SPENDER J

DATE OF ORDER: 16 JUNE 1999

WHERE MADE: BRISBANE (heard in Melbourne)

THE COURT DECLARES THAT:

After 22 December 1998, the Court had no power to review the decision of Judicial Registrar Ryan on 28 October 1998 dismissing the application of Merrill Lynch Equities (Australia) Limited that Triangle Packing Case Pty Ltd be wound up.

THE COURT ORDERS The applicant pay the respondent's costs, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.