Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elderslie Finance Corporation Limited v Newpage Pty Limited [2007] FCA 61
CORPORATIONS – insolvency – winding up on insolvency – appointment of liquidator PRACTICE AND PROCEDURE – application for Mareva injunction Corporations Act 2001 (Cth) ss 459A, 588FE Federal Court Rules O25A r 2 Federal Court (Corporations) Rules 2000 r 5.5, 5.6 Jackson v Sterling Industries Limited (1987) 162 CLR 612 referred to ELDERSLIE FINANCE CORPORATION LIMITED AND PETER ALEXIS GEORGE v NEWPAGE PTY LIMITED NSD4 OF 2007
STONE J
6 FEBRUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD4 OF 2007
BETWEEN: ELDERSLIE FINANCE CORPORATION LIMITED
First Plaintiff
PETER ALEXIS GEORGE
Second Plaintiff
AND: NEWPAGE PTY LIMITED
Defendant
JUDGE: STONE J
DATE OF ORDER: 25 January 2007
WHERE MADE: SYDNEY
THE COURT ORDERS:
1. That the defendant Newpage Pty Limited (receiver, manager and provisional liquidator appointed) be wound up. 2. That Barry Kenneth Hamilton of Level 2 171 Macquarie Street Hobart in the State of Tasmania, Chartered Accountant, has leave to seek to be appointed and to act as liquidator of the Defendant. 3. That Barry Kenneth Hamilton of Level 2 171 Macquarie Street Hobart in the State of Tasmania, Chartered Accountant, be appointed liquidator of the Defendant. 4. That the undertakings noted in order 1 of the orders made by this Court on 5 January 2007 in this proceeding, given by Barry Kenneth Hamilton, be discharged. 5. That the applicants be granted leave to file in Court the interlocutory process dated 25 January 2007. 6. That the interlocutory process filed in Court today be heard instanter. 7. That the interlocutory process be heard ex parte. 8. That Casino Busters International Pty Ltd and Roumald Charles Parsons be subject to the orders as set out in the "Penal Notice" attached to these reasons. 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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