Australian Securities & Investments Commission, in the matter of Houghton & Associates Pty Ltd (in liq) v Houghton & Associates Pty Ltd [2000] FCA 775

FEDERAL COURT OF AUSTRALIA

Australian Securities & Investments Commission, in the matter of Houghton & Associates Pty Ltd (in liq) v Houghton & Associates Pty Ltd [2000] FCA 775 JURISDICTION – cross-vesting – whether inutile to make declaration that court has no jurisdiction to hear and determine matters already disposed of – application by receiver for remuneration – whether matter within inherent jurisdiction

Corporations Law s 461(k) Federal Courts (State Jurisdiction) Act 1999 (NSW) ss 6, 11 IN THE MATTER OF HOUGHTON & ASSOCIATES PTY LTD (IN LIQUIDATION) ACN 001 818 373 AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v HOUGHTON & ASSOCIATES PTY LTD & ORS NG 3132 OF 1998 EMMETT J 1 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3132 OF 1998

IN THE MATTER OF HOUGHTON & ASSOCIATES PTY LTD (IN LIQUIDATION) ACN 001 818 373

BETWEEN: Australian Securities and Investments Commission

FIRST APPLICANT

AND: HOUGHTON & ASSOCIATES PTY LIMITED

ACN 001 818 373 (IN LIQUIDATION)

FIRST RESPONDENT

JOHN ROBERT HOUGHTON

SECOND RESPONDENT

COMMONWEALTH BANK OF AUSTRALIA

THIRD RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 1 JUNE 2000

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: 1. This Court has no jurisdiction to hear and determine the application made by John Frederick Lord that he be that he be allowed remuneration for the period 1 February 1999 up to and including 22 April 1999 for acting as receiver of the first respondent and for acting as trustee of the assets of the second respondent. 2. This Court has no jurisdiction to hear and determine any further application in the winding up of Houghton & Associates Pty Limited ACN 001 818 373 or in relation to the appointment of John Frederick Lord as trustee of the property of the second respondent.