Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Purchas, in the matter of Worldwide Workers Pty Limited (in liq) [2006] FCA 1223
CORPORATIONS LAW – whether funds held pursuant to terminated deed of company arrangement are held for the benefit of deed creditors or property of the company in liquidation – direction that the funds be administered as the property of the company in liquidation Corporations Act 2001 (Cth), s 511 Purchas, in the matter of Estore Pty Limited (in liq) [2006] FCA 1222 applied IN THE MATTER of WORLDWIDE WORKERS PTY LIMITED (IN LIQUIDATION) ACN 091 484 025 AND THE CORPORATIONS ACT 2001 (CTH)
IAN JAMES PURCHAS AND NICHOLAS CRAIG MALANOS v worldwide workers pty limited (in liquidation) acn 091 484 025
NSD 1481 OF 2006
GYLES J
8 SEPTEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1481 OF 2006
IN THE MATTER of WORLDWIDE WORKERS PTY LIMITED (IN LIQUIDATION) ACN 091 484 025 AND THE CORPORATIONS ACT 2001 (CTH) BETWEEN: IAN JAMES PURCHAS AND NICHOLAS CRAIG MALANOS
Plaintiffs
AND: worldwide workers pty limited (in liquidation) acn 091 484 025
Defendant
JUDGE: GYLES J
DATE OF ORDER: 8 SEPTEMBER 2006
WHERE MADE: SYDNEY
THE COURT:
1. Directs that the plaintiffs as liquidators of Worldwide Workers Pty Limited (in liquidation) are justified in applying and distributing the monies consisting of the Administration Fund identified in paragraphs 15 to 26 (inclusive) of the affidavit of Ian James Purchas sworn 4 August 2006 as property of Worldwide Workers Pty Limited (in liquidation) in the due course of winding up. 2. Orders that the costs of the application be paid out of the assets of Worldwide Workers Pty Limited (in liquidation) as an expense of the winding up on the basis that this application has been heard together with proceedings NSD 1364 of 2006 (In the matter of Estore Pty Limited (in liquidation) ACN 075 051 295 and the Corporations Act 2001 (Cth); Ian James Purchas and Ronald John Dean-Willcocks v Estore Pty Limited (in liquidation) ACN 075 051 295) and NSD 1467 of 2006 (In the matter of RSP Group Pty Limited (in liquidation) ACN 085 978 552 and the Corporations Act 2001 (Cth); Ian James Purchas and Ronald John Dean-Willcocks v RSP Group Pty Limited (in liquidation) ACN 085 978 552). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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