Travaglini, as Liquidator of Jako’s Paint Coatings Pty Ltd (in liquidation) (ACN 082 903 759) v Jakovich [2008] FCA 573

FEDERAL COURT OF AUSTRALIA

Travaglini, as Liquidator of Jako's Paint Coatings Pty Ltd (in liquidation) (ACN 082 903 759) v Jakovich [2008] FCA 573 CORPORATIONS - winding up – directions – assets of corporation subject to injunction as against former directors by Family Court – no effect of injunction on powers of liquidator – directions accordingly

Corporations Act 2001 (Cth) s 511 DINO TRAVAGLINI AS LIQUIDATOR OF JAKO'S PAINT COATINGS PTY LTD (IN LIQUIDATION) (ACN 082 903 759) v LORETTA JAKOVICH, STIVEN MARIN JAKOVICH and VJEKO NIKOLA JAKOVICH

WAD 38 of 2008

FRENCH J

29 APRIL 2008

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 38 of 2008

BETWEEN: DINO TRAVAGLINI AS LIQUIDATOR OF JAKO'S PAINT COATINGS PTY LTD (IN LIQUIDATION) (ACN 082 903 759)

Applicant

AND: LORETTA JAKOVICH

First Respondent

STIVEN MARIN JAKOVICH

Second Respondent

VJEKO NIKOLA JAKOVICH

Third Respondent

JUDGE: FRENCH J DATE OF ORDER: 29 APRIL 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant, Dino Travaglini, in his capacity as liquidator of Jako's Paint Coatings Pty Ltd (in Liquidation) is authorised to deal with the assets of the company in accordance with his powers and duties as its liquidator and is authorised to exercise all powers conferred on him pursuant to the Corporations Act 2001 (Cth). 2. The applicant's authority to deal with the assets of the company pursuant to the powers conferred upon him under the Corporations Act 2001 (Cth) is unaffected by the orders of the Family Court made on 20 December 2006 in action number (P)PTW6639/2006 between Loretta Jakovich as applicant and Stiven Marin Jakovich and Vjeko Nikola Jakovich as respondents. 3. Without limiting the generality of the preceding orders the applicant is authorised: (a) to exercise all powers under Pts 5.4B through to 5.9 of the Corporations Act 2001 in the winding up of the company; (b) to deal with the assets of the company for the purposes of its winding up in accordance with the provisions of the Corporations Act 2001; (c) to deal with any creditors' claims in accordance with but not limited to Pts 5.4B through to 5.9 of the Corporations Act 2001; and (d) to carry out the winding up of the company in accordance with the provisions of the Corporations Act 2001. 3. There be liberty to any party to apply for further directions. 4. The applicant's costs of the application to be paid out of the assets of the company.