Australian Securities and Investments Commission v Sleiman, in the matter of Sleiman [2006] FCA 1354

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Sleiman, in the matter of Sleiman [2006] FCA 1354

CORPORATIONS LAW – external administration – defendant's registration cancelled by Company Auditors and Liquidators Disciplinary Board – removal of the defendant as liquidator of companies and as administrator of deed of company arrangement Corporations Act 2001 (Cth), ss 448B, 449B, 503, 532(1), 1292(2) IN THE MATTER OF JOSEPH SLEIMAN; AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v JOSEPH SLEIMAN NSD 1941 OF 2006

GYLES J

6 OCTOBER 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1941 OF 2006

In the matter of Joseph Sleiman BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: JOSEPH SLEIMAN

Defendant

JUDGE: GYLES J DATE OF ORDER: 6 OCTOBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Pursuant to sections 449B, 447A, 502 and 503 of the Corporations Act 2001: 1. a) That Joseph Sleiman be removed as Administrator of the Deed of Company Arrangement regarding the corporation listed in Part 1 of the attached Schedule to this Application pursuant to section 449B, or in the alternative 447A of the Corporations Act. b) That Quentin James Olde and Ian Charles Francis be forthwith appointed jointly and severally as the Administrators of the Deed of Company Arrangement of the corporation listed in Part 1 of the attached Schedule to this Application pursuant to section 449B, or in the alternative 447A of the Corporations Act. 2. a) That Joseph Sleiman be removed as official liquidator of the corporations subject to a court ordered winding up and listed in Part 2 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That John Melluish and Morgan John Kelly be forthwith appointed jointly and severally as the Official Liquidator of the corporations subject to a court ordered winding up and listed in Part 2 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 3. a) That Joseph Sleiman be removed as a liquidator of the corporations subject to a creditors' voluntary winding up and listed in Part 3 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That David John Frank Lombe and Peter George Yates be forthwith appointed jointly and severally as the Liquidator of the corporations subject to creditors' voluntary liquidations and listed in Part 3 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 4. a) That Joseph Sleiman be removed as a liquidator of the corporations subject to a creditors' voluntary winding up and listed in Part 4 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That Keiran William Hutchison and John Raymond Gibbons be forthwith appointed jointly and severally as the Liquidator of the corporations subject to creditors' voluntary liquidations and listed in Part 4 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 5. a) That Joseph Sleiman be removed as a liquidator of the corporations subject to a creditors' voluntary winding up and listed in Part 5 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That David John Winterbottom and Craig Peter Shepard be forthwith appointed jointly and severally as the Liquidator of the corporations subject to creditors' voluntary liquidations and listed in Part 5 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 6. a) That Joseph Sleiman be removed as a liquidator of the corporations subject to a creditors' voluntary winding up and listed in Part 6 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That Christopher John Honey and Anthony Gregory McGrath be forthwith appointed jointly and severally as the Liquidator of the corporations subject to creditors' voluntary liquidations and listed in Part 6 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 7. a) That Joseph Sleiman be removed as a liquidator of the corporations subject to a creditors' voluntary winding up and listed in Part 7 of the attached Schedule to this Application pursuant to section 503 of the Corporations Act. b) That Quentin James Olde and Ian Charles Francis be forthwith appointed jointly and severally as the Liquidator of the corporations subject to creditors' voluntary winding up and listed in Part 7 of the attached Schedule to this Application pursuant to section 502 of the Corporations Act. 8. That the Defendant forthwith transfer all records and files concerning the appointments referred to in the Schedule to those persons named as the new Deed Administrators or Liquidators in respect of each such appointment in the above Orders. 9. That each party pay their own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.