Commonwealth of Australia v Rocklea Spinning Mills Pty Ltd (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement) [2005] FCA 902

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Rocklea Spinning Mills Pty Ltd (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement) [2005] FCA 902 CORPORATIONS – administration – deed of company arrangement – application to terminate – standing – General Employee Entitlements and Redundancy Scheme – deed of company arrangement giving no priority to Commonwealth

Corporations Act 2001 (Cth) ss 445D, 445G, 560

Allatech Pty Ltd v Construction Management Group Pty Ltd (2002) 41 ACSR 587 followed Ansett Australia Limited and Mentha, Re (2002) 40 ACSR 389 cited Bank of New Zealand v Essington Developments Pty Ltd (1991) 5 ACSR 86 applied Brash Holdings Ltd (admr appointed) v Katile Pty Ltd (1994) 13 ACSR 504 followed Dean-Willcocks v ACG Engineering Pty Ltd (in liq) (2003) 45 ACSR 290 cited Deputy Commissioner of Taxation (Cth) v Comcorp Australia (1996) 21 ACSR 590 cited Expile Pty Limited v Jabb's Excavations Pty Ltd (2004) 22 ACLC 667 cited Expo International Pty Ltd v Chant (No 2) [1979] 2 NSWLR 820 cited FCT v All Suburbs Car Repairs Pty Ltd (1994) 14 ACSR 753 considered General Auction Estate and Monetary Co v Smith [1891] 3 Ch 432 cited H & S Credits Ltd (in liq) and the Companies Act, Re (1969) 90 WN (Pt 1) NSW 495 cited Lam Soon Australia Pty Ltd (adm apptd) v Molit (No. 55) Pty Ltd (1996) 22 ACSR 169 cited M & S Butler Investments Pty Ltd v Granny May's Franchising Pty Ltd (1997) 24 ASCR 695 cited Patent File Co, In re; Ex parte Birmingham Banking Co (1870) LR 6 Ch App 83 cited

In the matter of Rocklea Spinning Mills Pty Ltd (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement)

COMMONWEALTH OF AUSTRALIA v ROCKLEA SPINNING MILLS PTY LTD (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement), DAVID LOFTHOUSE and RICHARD JOHN CAUCHI (Administrators)