Hamilton v Piggott Wood & Baker [2003] FCA 1055

FEDERAL COURT OF AUSTRALIA

Hamilton v Piggott Wood & Baker [2003] FCA 1055 WINDING UP – unregistered managed investment scheme – application by liquidator for directions – whether liquidator appropriate plaintiff in proceedings against legal firm which managed scheme Corporations Act 2001 (Cth) ss 477(2)(a), 479(3), 601EE Perpetual Trustee Company Limited v Attorney General (1937) 54 W N (NSW) 95 cited Woods v Dodge [2003] FCA 1066 at [5] to [8] followed Australian Securities and Investment Commission v Takaran (No 2) (2003) 21 ACLC 12 cited BARRY KENNETH HAMILTON AS LIQUIDATOR OF THE PIGGOTT WOOD & BAKER RUN-OUT MORTGAGE BUSINESS (IN LIQUIDATION) v PIGGOTT WOOD & BAKER (A FIRM) T3018 of 2003 HEEREY J 30 SEPTEMBER 2003 HOBART

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T3018 OF 2003

BETWEEN: BARRY KENNETH HAMILTON AS LIQUIDATOR OF THE PIGGOTT WOOD & BAKER RUN-OUT MORTGAGE BUSINESS (IN LIQUIDATION)

APPLICANT

AND: PIGGOTT WOOD & BAKER (A FIRM)

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 30 SEPTEMBER 2003

WHERE MADE: HOBART

THE COURT ORDERS THAT: 1. The applicant is entitled to bring proceeding No 404 of 2003 in the Hobart Registry of the Supreme Court of Tasmania in the name Barry Kenneth Hamilton as Liquidator of the Piggott Wood & Baker Run-Out Mortgage Business (in liquidation). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T3018 OF 2003

BETWEEN: BARRY KENNETH HAMILTON AS LIQUIDATOR OF THE PIGGOTT WOOD & BAKER RUN-OUT MORTGAGE BUSINESS (IN LIQUIDATION)

APPLICANT

AND: PIGGOTT WOOD & BAKER (A FIRM)

RESPONDENT

JUDGE: HEEREY J

DATE: 30 SEPTEMBER 2003

PLACE: HOBART