Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor, in the matter of Origin Internet Solutions Pty Ltd (in liquidation) (No 2) [2004] FCA 1354
CORPORATIONS –liquidation – termination of winding up – principles to be applied – insolvent trading – leave to bring action against director
Corporations Act 2001 (Cth) ss 436B, 438A, 439C, 444D(1), 447A(1), 533, 588G, 588M, 588R, 588T
Austral Brick Co Pty Ltd v Falgat Constructions Pty Ltd (1990) 21 NSWLR 389 cited Filshie Broadfood & Co. Ltd, Re. [1913] QWN 46 distinguished Golden Butterfly Gold Mining Company (No Liability), In re [1916] SALR 177 cited Krextile Holdings Pty. Ltd. v Widdows [1974] VR 689 cited McAusland v Commissioner of Taxation (1993) 47 FCR 369 cited Skay Fashions Pty Ltd (in liq), Re (1986) 10 ACLR 743 cited South Barrule Slate Quarry Company, In re (1869) 8 LR Eq 688 distinguished Steamship "Titian" Company Limited, Re (1888) 58 LT 178 distinguished Stephen Walters & Sons, Ltd, In re. [1926] WN 236 distinguished Taylor, in the matter of Origin Internet Solutions Pty Ltd (in liquidation) [2004] FCA 382 cited Telescriptor Syndicate, Limited, In re [1903] Ch 174 cited Trix Ltd, In re [1970] 1 WLR 1421 cited IN THE MATTER OF ORIGIN INTERNET SOLUTIONS PTY LTD (in liquidation) BARRY KEITH TAYLOR SASI MARKETING AND ADVERTISING PTY LTD v JOHN ALBERT WILLIAMS AND GREGORY DONALD WILLIAMS V108 of 2004 FINKELSTEIN J 25 OCTOBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 108 of 2004
IN THE MATTER OF ORIGIN INTERNET SOLUTIONS PTY LTD (in liquidation)
BETWEEN: BARRY KEITH TAYLOR
Plaintiff
AND BETWEEN: SASI MARKETING AND ADVERTISING PTY LTD
Plaintiff
AND: JOHN ALBERT WILLIAMS and
GREGORY DONALD WILLIAMS
Defendants
JUDGE: FINKELSTEIN J
DATE: 25 OCTOBER 2004
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