Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission In the Matter of Richstar Enterprises Pty Ltd ACN 099 071 968 v Carey (No 17) [2007] FCA 1395
CORPORATIONS – appointment of receivers and ancillary orders under s 1323 Corporations Act – orders affecting corporate members and officers of failed property development group – extensions of proposed orders – consent orders – criteria for acceptance of consent orders – whether within power and appropriate – provision for payment of ongoing salary to officers of corporate group – provision for fund out of which principal officer could meet legal and other expenses associated with pending actions and matters – avoidance of conflict of duties between court appointed receivers and receivers appointed under private instruments Corporations Act 2001 (Cth) s 1323 Re Richstar Enterprises Pty Ltd; Australian Securities & Investments Commission v Carey (No 3) (2006) 232 ALR 577 cited AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v NORMAN PHILLIP CAREY, GRAEME JOHN RUNDLE, CEDRIC RICHARD PALMER BECK, JOHN NORMAN DIXON, RICHSTAR ENTERPRISES PTY LTD ACN 099 071 968, WESTPOINT REALTY PTY LTD ACN 050 218 954, BOWESCO PTY LTD ACN 008 915 357, REDCHIME PTY LTD ACN 117 947 805, KEYPOINT DEVELOPMENTS PTY LTD ACN 115 507 232, SILKCHIME PTY LTD ACN 066 849 429 AND HEALTHCARE PROPERTIES PTY LTD ACN 075 401 955 WAD83 OF 2006
FRENCH J
4 SEPTEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD83 OF 2006
IN THE MATTER OF RICHSTAR ENTERPRISES PTY LTD (ACN 099 071 968) WESTPOINT REALTY PTY LTD (ACN 050 218 954) BOWESCO PTY LTD (ACN 008 915 357) REDCHIME PTY LTD (ACN 117 947 805) KEYPOINT DEVELOPMENTS PTY LTD (ACN 115 507 232) BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff
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