Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Albarran v Young [2005] FCA 1905 RICHARD ALBARRAN & ANOR v YOUNG & ORS NSD2255 OF 2005 EMMETT J 30 NOVEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2255 OF 2005
BETWEEN: RICHARD ALBARRAN
FIRST APPLICANT
GEOFFREY MCDONALD
SECOND APPLICANT
AND: DUNCAN THOMAS YOUNG
FIRST RESPONDENT
PETER RUSSELL WEEKS
SECOND RESPONDENT
BEAU QUARRY
THIRD RESPONDENT
TRACEY PEACOCK
FOURTH RESPONDENT
13 GRENFELL STREET PTY LIMITED (ACN 089 324 416)
(RECEIVERS AND MANAGERS APPOINTED)
FIFTH RESPONDENT
P.O.P.A. PTY LIMITED (ACN 070 071 251)
(RECEIVERS AND MANAGERS APPOINTED)
SIXTH RESPONDENT
BRIDGECORP FINANCE LIMITED (ACN 095 328 948)
SEVENTH RESPONDENT
PERPETUAL NOMINEES LIMITED (ACN 000 733 700)
EIGHT RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 30 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT DECLARES THAT:
1. The plaintiffs were not validly appointed administrators of 13 Grenfell Street Pty Limited pursuant to Part 5.3A of the Corporations Act 2001 (Cth) on Tuesday, 15 November 2005 or at all.
2. The purported resolutions passed on 15 November 2005 by POPA Pty Limited as shareholder of 13 Grenfell Street Pty Limited and, subsequently the appointments of Beau Quarry and Tracey Peacock as directors of 13 Grenfell Street Pty Limited were void and of no effect.
THE COURT ORDERS THAT:
1. The proceeding otherwise be dismissed and orders that the hearing on 2 December 2005 be vacated.
2. There be no order as to costs of the proceeding Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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