Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ex parte McGrath; in the matter of Pan Pharmaceuticals Limited (in Liq) [2008] FCA 563
CORPORATIONS – application for Court directions in winding up – proceedings involving former Chief Executive Officer, company in liquidation and officers of the Commonwealth – Court's power to give directions – within power for liquidators to direct assignment of causes of action as part of terms of settlement – assignment justified – claims for confidentiality upheld
Corporations Act 2001 (Cth) ss 236, 439C(c), s 477(2)(c), 479(3), 506(1)(b), 511 Federal Court of Australia Act 1976 (Cth) ss 17(4), 50
Adultshop.com Ltd v Members of the Classification Review Board (No 2) (2000) FCA 1872 referred to Bank of Melbourne Ltd v HPM Pty Ltd (in liq) (1997) 26 ACSR 110 applied Campbells Cash & Carry Pty Ltd v Fostif Pty Ltd (2006) 229 CLR 386 referred to Citicorp Australia Ltd v Official Trustee in Bankruptcy (1996) 141 ALR 667 applied Dean-Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 24 ACSR 79 referred to UTSA Pty Ltd (in liq) v Ultra Tune Australia Pty Ltd (1996) 21 ACSR 251 referred to UTSA Pty Ltd (in liq) v Ultra Tune Australia Pty Ltd (1996) 21 ACSR 457 referred to Re ACN 007 537 000 Pty Ltd (in liq); Ex parte Parker (1997) 150 ALR 92 referred to Re Addstone Pty Limited (in liq) (1998) 83 FCR 583 applied Re BPTC Limited (1996) 14 ACLC 845 referred to Re G B Nathan v Co Pty Ltd (1991) 24 NSWLR 674 referred to Stein v Blake (1996) 1 AC 243 referred to
EX PARTE ANTHONY GREGORY MCGRATH AND CHRISTOPHER JOHN HONEY AS LIQUIDATORS OF PAN PHARMACEUTICALS LIMITED (IN LIQUIDATION) (ACN 091 032 914); IN THE MATTER OF PAN PHARMACEUTICALS (IN LIQUIDATION) (ACN 091 032 914) NSD 561 OF 2008
JACOBSON J
23 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 561 OF 2008
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