Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1154

FEDERAL COURT OF AUSTRALIA

Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1154 CORPORATIONS – creditors' voluntary winding up - subsequent Court order for winding up - examinations – written notice of examination to creditors – whether orders should be made stating what is 'reasonably practicable' in respect of identifying creditors – source of power for such order considered – effect of Court order considered – consideration of what is reasonably practicable in the circumstances Corporations Act 2001 (Cth) ss 435A, 446A, 447A, 508, 596A, 596B, 596E, 1322 Federal Court of Australia Act 1976 (Cth) s 21 Ansett Australia Ltd (No 1), Re (2002) 115 FCR 376 cited Ansett Australia Ltd (No 2), Re (2002) 115 FCR 395 cited Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 cited Carter v New Tel Ltd (in liq) (2003) 44 ACSR 661 cited Centaur Mining & Exploration Ltd (in liq) (rec and mgr appted), Re (2003) 48 ACSR 1 cited Gibbons v LibertyOne Ltd (in liq) (2002) 41 ACSR 442 considered Love, Re (as Liquidator of ACN 0077 368 257 Ltd) (2003) 44 ACSR 367 cited NRMA Insurance Group Ltd v Spragg (2001) 38 ACSR 174 considered One.Tel Ltd, Re; Walker and Sherman (as liquidators) (2002) 43 ACSR 305 cited Selim v McGrath (2003) 47 ACSR 537 cited IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION) THE APPLICATION OF WAINTER PTY LTD W35 of 2004 RD NICHOLSON J 6 SEPTEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W35 OF 2004

IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION)

ACN 009 068 955

AND: THE APPLICATION OF WAINTER PTY LTD ACN 008 725 586

PLAINTIFF

JUDGE: RD NICHOLSON J