Pascoe (Trustee) v Deltawiz Pty Ltd, in the matter of Deltawiz Pty Ltd [2003] FCA 1100

FEDERAL COURT OF AUSTRALIA

Pascoe (Trustee) v Deltawiz Pty Ltd, in the matter of Deltawiz Pty Ltd [2003] FCA 1100 SCOTT DARREN PASCOE (AS TRUSTEE OF THE PROPERTY OF CRAIG MURRAY BROWN, A BANKRUPT) V DELTAWIZ PTY LIMITED N3053 OF 2003 ALLSOP J 26 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3053 OF 2003

BETWEEN: SCOTT DARREN PASCOE (as Trustee of the Property of Craig Murray Brown, a Bankrupt)

APPLICANT

AND: DELTAWIZ PTY LIMITED (ACN 057 402 534)

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 26 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to make this application returnable forthwith. 2. There be a declaration that the two ordinary "A" class shares in Deltawiz Pty Ltd registered to Eirene Dawn Simmons and Victoria Habraken are beneficially held in the name of the applicant. 3. The respondent, Deltawiz Pty Ltd ACN 057 402 534 be reinstated pursuant to Section 601AH(2) of the Corporations Act 2001 (Cth) for the purpose of winding up. 4. The respondent be wound up under Section 461 of the Corporations Act. 5. A liquidator of the respondent be appointed. 6. Leave be granted for the applicant to be appointed liquidator of the respondent pursuant to Section 532 (2) of the Corporations Act. 7. The costs of this application be paid out of the Bankrupt Estate of Craig Murray Brown. 8. The applicant notify Mrs Simmons and Ms Habraken of these orders by pre-paid express post dispatching by 12.00 noon Monday 29 September a copy of these Orders. 9. Leave be granted to Mrs Simmons and Ms Habraken to approach the Court to vary or set aside these Orders, any such application to be filed by 10 October 2003 and be supported by evidence. 10. The liquidator, as soon as he has formed a view as to the likely extent of creditors, notify ASIC of the likely extent of creditors, of the proposed conduct of this liquidation and of his view, after consultation with solicitor or counsel, as to whether it is appropriate for him to continue the dual roles as Trustee of the bankrupt estate of Craig Murray Brown and liquidator of the Company. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.