Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registrar of the District Court of South Australia v Nicholas David Cooper as Official Liquidator of JM Properties Pty Ltd (in liquidation) (ACN 062 504 590) [2007] FCA 42
INTERLOCUTORY APPLICATION – application for leave to proceed with contempt proceedings against a company which is being wound up in insolvency – s 471B of the Corporations Act 2001 (Cth) – consideration of possibility of financial penalty against the company being wound up – requirement of undertaking that no financial penalty to be sought against the company if leave was to be granted. Corporations Act 2001 (Cth) s 471B District Court Rules 1987 (SA) r 84.21
JM Properties v Strata Corporation No 13975 Inc (No 3) [2006] SADC 46 referred to Iberian Trust Ltd v Founders Trust and Investment Co Ltd [1932] 2 KB 87 referred to
Lunn's Civil Procedure REGISTRAR OF THE DISTRICT COURT OF SOUTH AUSTRALIA v NICHOLAS DAVID COOPER AS OFFICIAL LIQUIDATOR OF JM PROPERTIES PTY LTD (IN LIQUIDATION) (ACN 062 504 590) No SAD 208 of 2006
FINN J
24 JANUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 208 OF 2006
BETWEEN: REGISTRAR OF THE DISTRICT COURT OF SOUTH AUSTRALIA
Applicant
AND: NICHOLAS DAVID COOPER AS OFFICIAL LIQUIDATOR OF JM PROPERTIES PTY LTD (IN LIQUIDATION) (ACN 062 504 590)
Respondent
JUDGE: FINN J
DATE OF ORDER: 24 JANUARY 2007
WHERE MADE: ADELAIDE
THE COURT NOTES THAT:
1. The Registrar of the District Court of South Australia undertakes that no financial penalty will be pursued against JM Properties Pty Ltd (in liquidation) (ACN 062 504 590) in the contempt of court proceedings for which leave to proceed is sought. THE COURT ORDERS THAT: 1. Leave be granted to the Registrar of the District Court of South Australia to proceed against JM Properties Pty Ltd (in liquidation) (ACN 062 504 590) in action number 720 of 2006 in the District Court of South Australia. 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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