Rodgers v Schmierer, in the matter of Reader [2002] FCA 717

FEDERAL COURT OF AUSTRALIA

Rodgers v Schmierer, in the matter of Reader [2002] FCA 717 PRACTICE & PROCEDURE – Application under s 471B of the Corporations Act 2001 (Cth) for leave to proceed against a company in liquidation – where the applicant in the principal proceedings is the trustee in bankruptcy – where the relief sought in the principal proceedings is a declaration under s 120 of the Bankruptcy Act 1966 (Cth) and consequential relief – where the liquidators are prepared to admit a proof of debt for the entire amount in issue. Corporations Act 2001 (Cth) s 471B

Solomons Franchise Systems Pty Ltd v Taydex Pty Ltd [1997] FCA 442 referred to Ogilvie-Grant v East, Liquidator of Gordon Grant and Grant Pty Ltd (1983) 7 ACLR 669 referred to

PETER DAVID RODGERS as Trustee of the Bankrupt Estate of Frederick Cecil Reader and Dianne Jean Reader v TREVOR JOHN SCHMIERER and ADRIAN STEWART DUNCAN as Joint Liquidators of Vokal Pty Limited (In Liquidation) and VOKAL PTY LIMITED (in liquidation) ACN 074 315 389, in the matter of the Estate of FREDERICK CECIL READER AND DIANNE JEAn READER

N7312 of 2001 MOORE J 7 JUNE 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7312 OF 2001

BETWEEN: PETER DAVID RODGERS as Trustee of the Bankrupt Estate of Frederick Cecil Reader and Dianne Jean Reader

APPLICANT

AND: TREVOR JOHN SCHMIERER and ADRIAN STEWART DUNCAN as Joint Liquidators of Vokal Pty Limited (In Liquidation)

FIRST RESPONDENTS

VOKAL PTY LIMITED (in liquidation)

ACN 074 315 389

SECOND RESPONDENTS

JUDGE: MOORE J

DATE OF ORDER: 7 JUNE 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to proceed against Vokal Pty Limited be dismissed. 2. The costs of the application be costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.