Registrar of Aboriginal Corporations v Bibelmen Mia Aboriginal Corporation (In Liquidation) [2001] FCA 136

FEDERAL COURT OF AUSTRALIA

The Registrar of Aboriginal Corporations v Bibelmen Mia Aboriginal Corporation

(In Liquidation) [2001] FCA 136

CORPORATIONS LAW – external administration – approval for liquidator to enter into agreements having a term of, or containing obligations to be performed, more than three months after entry – liquidator entered into two such agreements subject to conditions precedent – one condition precedent was that Court approval be obtained – whether Court empowered to grant approval – whether approval should be granted and the winding up terminated.

Corporations Law ss 477(2B), 482(1) Aboriginal Councils and Associations Act 1976 (Cth), s 67 Corporate Affairs Commission v ASC Timber Pty Ltd (1998) 16 ACLC 1642 followed Nambucca Investments Pty Ltd v Snoco Ltd [1999] NSWSC 211 referred to Re Imobridge Pty Ltd (In Liquidation) Supreme Court of Queensland, unreported, Fryberg J, 12 November 1999 referred to Empire Aust Nominees Pty Ltd v Vince (2000) 18 ACLC 738 referred to

THE REGISTRAR OF ABORIGINAL CORPORATIONS v BIBELMEN MIA ABORIGINAL CORPORATION (IN LIQUIDATION)

VG 616 of 1997

CARR J

23 FEBRUARY 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY VG 616 OF 1997

IN THE MATTER OF BIBELMEN MIA ABORIGINAL CORPORATION (IN LIQUIDATION) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

AND IN THE MATTER OF s 482 of the Corporations Law (as applied by s 67 of the Aboriginal Councils and Associations Act 1976 (Cth))

BETWEEN: THE REGISTRAR OF ABORIGINAL CORPORATIONS

Applicant

AND: BIBELMEN MIA ABORIGINAL CORPORATION (IN LIQUIDATION) (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

Respondent JUDGE: CARR J

DATE OF ORDER: 23 FEBRUARY 2001

WHERE MADE: PERTH (Heard by videolink in Sydney)

THE COURT ORDERS THAT: 1. Pursuant to s 477(2B) of the Corporations Law [as applied by s 67 of the Aboriginal Councils and Associations Act 1976 (Cth)] the entry by the liquidator of the respondent into the following agreements on the respondent's behalf is approved. The agreements are: (a) a management agreement dated 9 December 1999, a copy of which is Annexure "AJH13" to the affidavit of Alden John Halse sworn 13 July 2000; and (b) a lease dated 9 December 1999, a copy of which is Annexure "AJH14" to the above-mentioned affidavit. 2. Pursuant to s 482(1) of the Corporations Law [as applied by s 67 of the Aboriginal Councils and Associations Act 1976 (Cth)] the winding up of the respondent be terminated with effect on the day upon which an office copy of this order is lodged with the Registrar of Aboriginal Corporations in accordance with s 482(5) of the Corporations Law. 3. The costs of the application be costs in the winding up of the respondent and be paid out of its assets. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.