The Creditors of Antal Air Pty Ltd (ACN 007 213 738), Antal Air Pty Ltd (Administrator Appointed) (ACN 007 213 738) v Australian Securities & Investments Commission [2004] FCA 1090

FEDERAL COURT OF AUSTRALIA

The Creditors of Antal‑Air Pty Ltd (ACN 007 213 738), Antal‑Air Pty Ltd (Administrator Appointed) (ACN 007 213 738) v Australian Securities & Investments Commission [2004] FCA 1090

CORPORATIONS – liquidation – creditor claiming that liquidator has "destroyed the company" – claim that liquidator should have been appointed or should have accepted the role as administrator – clear division in the Corporations Act between the consequences of appointing a liquidator or an administrator – whether a reasonable cause of action is disclosed.

Corporations Act 2001 (Cth): ss 447B(2), 536(2), 537(1) Federal Court of Australia Act 1976 (Cth): s 43 Federal Court Rules: O 20

IN THE MATTER OF THE CREDITORS OF ANTAL‑AIR PTY LTD (ACN 007 213 738) (ADMINISTRATOR APPOINTED)

ANTAL‑AIR PTY LTD (ADMINISTRATOR APPOINTED) (ACN 007 213 738) v AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION V 869 of 2004

GOLDBERG J 10 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 869 of 2004

IN THE MATTER OF THE CREDITORS OF ANTAL‑AIR PTY LTD (ACN 007 213 738) (ADMINISTRATOR APPOINTED)

BETWEEN: THE CREDITORS OF ANTAL‑AIR PTY LTD (ACN 007 213 738) (ADMINISTRATOR APPOINTED)

Applicants

AND: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 10 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicants' interlocutory process filed on 23 July 2004 and notice of motion filed on 9 August 2004 be dismissed. 2. The applicants' application filed on 12 July 2004 be dismissed. 3. Mr Antal Bittmann pay the company's and the liquidator's costs of and incidental to the application, the interlocutory processes and notices of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules