Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
In the matter of Bernsteen Pty Ltd & Anor (No 2) [2007] FCA 48
CORPORATIONS – Corporations Act 2001 (Cth), s 596A, s 596D – appointment of liquidators – content of summons – whether liquidators can act severally – whether liquidators must act jointly – whether summons under s 596A oppressive – whether examinable affairs include personal financial position Corporations Act 2001 (Cth), s 596A, s 596D Gerah Imports Pty Ltd v Duke Group Ltd (In Liq) (1993) 61 SASR 557 cited Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 applied Harvey v Burfield (2002) 84 SASR 11 distinguished Re BPTC Ltd (In Liq) (1994) 14 ACSR 460 discussed Re Parker (1997) 80 FCR 1 cited PETER IVAN MACKS AS LIQUIDATOR OF BERNSTEEN PTY LTD (IN LIQUIDATION) AND NEWMORE PTY LTD (IN LIQUIDATION) SAD 132 OF 2006
MANSFIELD J
2 FEBRUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 132 OF 2006
BETWEEN: IN THE MATTER OF BERNSTEEN PTY LTD (IN LIQUIDATION) AND NEWMORE PTY LTD (IN LIQUIDATION)
PETER IVAN MACKS AS LIQUIDATOR OF BERNSTEEN PTY LTD (IN LIQUIDATION) AND NEWMORE PTY LTD (IN LIQUIDATION)
Plaintiff
JUDGE: MANSFIELD J
DATE OF ORDER: 17 JANUARY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
On the Notice of Motion of John Viscariello of 14 December 2006:
1. The Order made on 17 November 2006 be varied by striking out from the summons annexed to it by Order 1 paragraphs 2 to 4 of the schedule to the summons. 2. The said summons issued pursuant to the said Order be varied by striking out therefrom paragraphs 2 to 4 of the schedule to the said summons. 3. Ian Lock do pay the counsel fees of John Viscariello of the hearing of the said motion on 17 January 2007. 4. There should be no other order for costs of the said motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate