David Lambourne Yacht Rigging v Perry Catamarans (Receivers and Managers Appointed) [2006] FCA 887

FEDERAL COURT OF AUSTRALIA

David Lambourne Yacht Rigging v Perry Catamarans (Receivers and Managers Appointed) [2006] FCA 887

CORPORATIONS – WINDING‑UP – consideration of an application for adjournment pursuant to s 440A(2) of the Corporations Act 2001 (Cth) of a winding‑up order – consideration of the meaning and approach to the phrase 'interests of the company's creditors' in an assessment of whether a company should continue under administration rather than be wound-up – consideration of whether s 440A(2) requires a community of interest – consideration of the onus under the section. Corporations Act 2001 (Cth) ss 459A, 459P, 459C(2), 436A, 440A(2), 437A, 437C(1), 439A(4)(b), 588G(1) and (2), 588J(2), 588M(3), 588R(1), 588S(b)(i) and (ii), 588T(2) Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 quoted TCS Management Pty Ltd v CTTI Solutions Pty Ltd [2001] NSWSC 830 quoted Deputy Commissioner of Taxation v Yates Security Services Pty Ltd (1997) 26 ACSR 629 quoted Waste Recycling and Processing Services of NSW v Local Government Recycling Co-Operative (1999) 32 ACSR 194 quoted Commissioner of Taxation v Choice Design Homes Pty Ltd [1999] NSWSC 589 quoted Deputy Commissioner of Taxation v First Netcom Pty Ltd (2000) 35 ACSR 615 quoted Lewis (as liq) of Doran Constructions Pty Ltd (in liq) and Anor v Doran & Ors [2005] NSWCA 243 quoted Deputy Commissioner of Taxation v K J Consulting Pty Ltd [2005] FCA 1827 cited DAVID LAMBOURNE YACHT RIGGING & CONSULTANCY PTY LTD v PERRY CATAMARANS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) QUD 200 OF 2006 GREENWOOD J 10 JULY 2006 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD200 OF 2006

BETWEEN: DAVID LAMBOURNE YACHT RIGGING & CONSULTANCY PTY LTD

APPLICANT

AND: PERRY CATAMARANS PTY LTD (RECEIVERS AND MANAGERS APPOINTED)