Construction Forestry Mining & Energy Union v TCB Concreters Pty Ltd [2004] FCA 236

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining & Energy Union v TCB Concreters Pty Ltd [2004] FCA 236 CORPORATIONS LAW – liquidation – whether liquidator had given consent within the meaning of s 471A(1A)(c) of the Corporations Act 2001. Corporations Act 2001 (Cth) s 471A Poonon v DCT [1999] NSWSC 1121 discussed CONSTRUCTION FORESTRY MINING AND ENERGY UNION, SALVATORE MANNA, VRIDUAR VEGA AND BRIAN FITZPATRICK V TCB CONCRETERS PTY LIMITED (IN LIQUIDATION), TONY MESSINA AND JOANNE MESSINA N 1490 OF 2003 BEAUMONT J 5 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1490 OF 2003

BETWEEN: CONSTRUCTION FORESTRY MINING AND ENERGY UNION

FIRST APPLICANT

SALVATORE MANNA

SECOND APPLICANT

VRIDUAR VEGA

THIRD APPLICANT

BRIAN FITZPATRICK

FOURTH APPLICANT

AND: TCB CONCRETERS PTY LIMITED (IN LIQUIDATION)

FIRST RESPONDENT

TONY MESSINA

SECOND RESPONDENT

JOANNE MESSINA

THIRD RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 5 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: DECLARE that the consent dated 17 December 2002 complied with the provisions of s 471A(1A)(c) of the Corporations Act 2001 for the purpose of the institution of this proceeding. 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 1490 OF 2003

BETWEEN: CONSTRUCTION FORESTRY MINING AND ENERGY UNION

FIRST APPLICANT

SALVATORE MANNA

SECOND APPLICANT

VRIDUAR VEGA

THIRD APPLICANT

BRIAN FITZPATRICK

FOURTH APPLICANT