Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White v Huxtable, in the matter of Lake Federation Pty Ltd (receivers & managers appointed) [2006] FCA 559
CORPORATIONS – application for direction under s 424 of Corporations Act – that not unlawful for receivers to enter into contract for sale solely by reason of relationship between purchaser and appointor of receivers – scope of direction sought – legal effect of direction – costs of opposing directors where scope of direction narrower than originally sought Corporations Act 2001 (Cth) s 424 Re One.Tel Networks Holdings Pty Ltd (2001) 40 ACSR 83 approved Re Vartex Petroleum Industries Pty Ltd (Unreported, Supreme Court of New South Wales, Hodgson J, 17 August 1989) followed Deputy Commissioner of Taxation v Best & Less (Wollongong) Pty Ltd (1992) 7 ACSR 245 discussed Re Ansett Australia Ltd and Mentha (2001) 39 ACSR 355 cited Re GB Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 cited Franbridge Pty Ltd v Societé & Generale Finance Corporation Pty Ltd (1994) 14 ACSR 304 discussed Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 cited Re Ansett Australia Ltd (2002) 41 ACSR 605 cited Re Actwane Pty Ltd [2002] NSWSC 572 approved
IN THE MATTER OF LAKE FEDERATION PTY LTD (ACN 099 611 453) (RECEIVERS AND MANAGERS APPOINTED)
WARREN WHITE and IAN CARSON, RECEIVERS AND MANAGERS OF LAKE FEDERATION PTY LTD (ACN 099 611 453) (RECEIVERS AND MANAGERS APPOINTED) v HARRIE HUXTABLE and GARY JOHNSTON, DIRECTORS AND SHAREHOLDERS OF LAKE FEDERATION (ACN 099 611 453) (RECEIVERS AND MANAGERS APPOINTED)
VID 138 of 2006
YOUNG J
20 APRIL 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 138 OF 2006
IN THE MATTER OF LAKE FEDERATION PTY LTD (ACN 099 611 453) (RECEIVERS AND MANAGERS APPOINTED)
BETWEEN: WARREN WHITE and IAN CARSON, RECEIVERS AND MANAGERS OF LAKE FEDERATION PTY LTD (ACN 099 611 453) (RECEIVERS AND MANAGERS APPOINTED)
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