Registrar of Aboriginal Corporations v Gundabooka Aboriginal Corporation [2002] FCA 1008

FEDERAL COURT OF AUSTRALIA

Registrar of Aboriginal Corporations v Gundabooka Aboriginal Corporation [2002] FCA 1008 CORPORATIONS – Corporation under Aboriginal Councils and Associations Act 1976 (Cth) – application for winding up – inability to pay debts – just and equitable – public interest Aboriginal Councils and Associations Act 1976 (Cth) ss 62A, 63 Re Lubin, Rosen and Associates Ltd [1975] 1 WLR 122 cited Australian Securities Commission v A S Nominees Limited (1995) 13 ACLC 1596 cited Re Walter L Jacob & Co Ltd (1988) 5 BCC 244 cited Re Weedmans Ltd (1974) Qd R 377 cited Registrar of Aboriginal Corporations v Koomaal Aboriginal Corporation [2001] FCA 1303 cited REGISTRAR OF ABORIGINAL CORPORATIONS v GUNDABOOKA CORPORATION N 721 OF 2002 TAMBERLIN J SYDNEY 14 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 721 OF 2002

BETWEEN: THE REGISTRAR OF ABORIGINAL CORPORATIONS

APPLICANT

AND: GUNDABOOKA ABORIGINAL CORPORATION

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 14 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Gundabooka Aboriginal Corporation be wound up by this Court under ss 62A, 63(2)(d) and 63(2)(h) of the Aboriginal Councils and Associations Act 1976 (Cth). 2. John Lord, of PKF Chartered Accountants, Level 20, 1 York Street, Sydney, an official liquidator be appointed as liquidator. 3. The applicant's costs be paid out of the assets of the respondent. 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 N 721 OF 2002

BETWEEN: THE REGISTRAR OF ABORIGINAL CORPORATIONS

APPLICANT

AND: GUNDABOOKA ABORIGINAL CORPORATION

RESPONDENT

JUDGE: TAMBERLIN J