Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yun v Shangri-La Holidays Pty Ltd [2001] FCA 507
CORPORATIONS – Winding up – whether Federal Court has jurisdiction to make order under Corporations Law s 480 COURTS AND JUDICIAL SYSTEM – Cross-vesting – State law vesting State jurisdiction in Federal Court –judgments of Federal Court deemed to be judgments of Equity Division of Supreme Court Corporations Law s 480 Federal Courts (State Jurisdiction) Act 1999 (NSW) ss 4, 6 Re Wakim; ex parte McNally and Another 198 CLR 511 followed ALBERT YUN v SHANGRI-LA HOLIDAYS PTY LTD (IN THE MATTER OF: SHANGRI-LA HOLIDAYS PTY LTD) NG 3530 OF 1995 EMMETT J 24 APRIL 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3530 OF 1995
BETWEEN: ALBERT YUN
APPLICANT
AND: SHANGRI-LA HOLIDAYS PTY LIMITED
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 24 APRIL 2001
WHERE MADE: SYDNEY
THE COURT DECLARES THAT: 1. This Court has no jurisdiction to hear and determine any application under s 480 of the Corporations Law in relation to Shangri-La Holidays Pty Limited. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3530 OF 1995
BETWEEN: ALBERT YUN
APPLICANT
AND: SHANGRI-LA HOLIDAYS PTY LIMITED
RESPONDENT
JUDGE: EMMETT J
DATE: 24 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
1 On 20 September 1995 Albert Yun filed an application for an order that Shangri-La Holidays Pty Limited ("the Company"), be wound up. On 20 October 1995 a Registrar of the Court ordered that the Company be wound up under the provisions of the Corporations Law and that Sean Condon of Jones Condon & Co be appointed liquidator of the Company.
2 The winding up of the Company has apparently proceeded under the control of Mr Condon. The Court has, in the past, received applications for approval of remuneration under Order 71, Rule 52 of the Federal Court Rules. The winding up of the company is now complete and the liquidator wishes to have an order under s 480 of the Corporations Law. Section 480 provides as follows:
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