Photosprint Australia Pty Ltd (Receiver & Manager Appointed) (In Liquidation) [2004] FCA 1504

FEDERAL COURT OF AUSTRALIA

Photosprint Australia Pty Ltd (Receiver & Manager Appointed) (In Liquidation) [2004] FCA 1504 CORPORATIONS – liquidation – receiver and manager – duty to provide information to liquidator Corporations Act 2001 (Cth) ss 530A, 530B

E R S Engines Pty Ltd v Wilson (1994) 35 NSWLR 193 cited Gomba Holdings UK Ltd v Homan [1986] 1 WLR 1301 cited Pearse v Green (1819) 1 Jac & W 135 cited Smiths Ltd v Middleton [1979] 3 All ER 842 cited Turner v Burkinshaw (1867) LR 2 Ch App 488 cited IN THE MATTER OF PHOTOSPRINT AUSTRALIA PTY LTD (RECEIVER & MANAGER APPOINTED) (IN LIQUIDATION)

GREGORY STUART ANDREWS (AS LIQUIDATOR OF PHOTOSPRINT AUSTRALIA PTY. LTD. (RECEIVER & MANAGER APPOINTED) (IN LIQUIDATION) V MARTIN JOHN GREEN (AS RECEIVER & MANAGER OF PHOTOSPRINT AUSTRALIA PTY LTD. (RECEIVER & MANAGER APPOINTED) (IN LIQUIDATION) V1217 of 2004 FINKELSTEIN J 23 NOVEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1217 of 2004

In the matter of Photosprint Australia Pty Ltd (Receiver & Manager Appointed) (In Liquidation)

BETWEEN: GREGORY STUART ANDREWS (as Liquidator of Photosprint Australia Pty. Ltd. (Receiver & Manager Appointed) (In Liquidation)

Plaintiff AND: MARTIN JOHN GREEN (as Receiver & Manager of Photosprint Australia Pty. Ltd. (Receiver & Manager Appointed) (In Liquidation)

Defendant

JUDGE: FINKELSTEIN J

DATE OF ORDER: 23 NOVEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed. 1. The defendant pay half the plaintiff's costs of the application, such costs to be taxed on a party and party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1217 of 2004