Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chisholm v The Official Trustee in Bankruptcy [2000] FCA 1234
CORPORATIONS LAW - leave to appeal - validity of winding up order made by Registrar - where exercise of power subsequently recognised as being the subject of an unconstitutional reference by a State - whether winding up order voidable or void - status of Registrar's decision made under delegation of Court's power - validity of delegation - whether winding up order has continued legal effect by application of remedial legislation - efficacy of appeal given determination pending in High Court Federal Court of Australia Act 1976 (Cth) Federal Courts (State Jurisdiction) Act 1999 (SA) Corporations Law
Robins v Incentive Dynamics Pty Ltd (in liquidation) (1999) 91 FCR 423 referred to Commonwealth v Hospital Contribution Fund of Australia (1982) 150 CLR 49 referred to R v Davison (1954) 90 CLR 353 referred to Harris v Caladine (1991) 172 CLR 84 referred to PHILIP ANTHONY CHISHOLM v THE OFFICIAL TRUSTEE IN BANKRUPTCY AND NEDLANDS PTY LIMITED (IN LIQUIDATION) SG 3103 OF 1994 MOORE, KIEFEL AND MANSFIELD JJ 31 AUGUST 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 3103 OF 1994
BETWEEN: PHILIP ANTHONY CHISHOLM
APPLICANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
FIRST RESPONDENT
NEDLANDS PTY LIMITED (IN LIQUIDATION)
SECOND RESPONDENT
JUDGE: MOORE, KIEFEL AND MANSFIELD JJ
DATE OF ORDER: 29 AUGUST 2000
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Leave to appeal be refused.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 3103 OF 1994
BETWEEN: PHILIP ANTHONY CHISHOLM
APPLICANT
AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY
FIRST RESPONDENT
NEDLANDS PTY LIMITED (IN LIQUIDATION)
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