Aero Marine Consulting Pty Ltd [2003] FCA 1016

FEDERAL COURT OF AUSTRALIA

Aero Marine Consulting Pty Ltd [2003] FCA 1016 CORPORATIONS – company in administration – voluntary administrator appointed – property of company subject to a fixed and floating charge in favour of vendor of the company – chargee appointed receiver and manager of company pursuant to the charge – whether appointment of receiver and manager rendered charge void from its inception by virtue of s 267(1) of the Corporations Act 2001 (Cth) – whether chargee a "relevant person" for the purposes of s 267(7) – whether a director and secretary of a company can unilaterally resign orally where company constitution provides that resignation be in writing – whether unilateral oral resignation accepted by the company – whether administration subject to the powers of the receiver and manager pursuant to s 442D – whether charge enforced within relevant period for the purposes of s 441A(1) – whether service of a notice of default under the charge amounted to the charge being "enforced". Transport (Limited) v Schonberg (1905) 21 TLR 305 at 307, applied Glossop v Glossop [1907] 2 Ch 370, applied POW Services Ltd v Clare [1995] 2 BCLC 435, applied Latchford Premier Cinema Limited v Ennion [1931] 2 Ch 409, applied Marks v Commonwealth (1964) 111 CLR 549, applied Knight v Bulic (1994) 13 ACSR 553, referred to 400 Lonsdale Nominees Pty Ltd v Southern Cross Airlines Ltd (In Liq) (1993) 10 ACSR 739, considered Re Scandees Danish Home Ice Cream Pty Ltd (1995) 16 ACSR 777, referred to BBC Hardware Limited v G T Homes Pty Ltd [1997] 2 Qd R 123, referred to Australian Innovation Ltd v Dean‑Willcocks and Purchase (2001) 40 ACSR 521, applied

IN THE MATTER OF AERO MARINE CONSULTING PTY LTD (ACN 009 374 985)

(Administrator Appointed) (Receiver and Manager Appointed)

WILLIAM LEONARD CAIN v AERO MARINE CONSULTING PTY LTD