Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson Outdoors Watercraft Ltd, in the matter of Canoe Sports Pty Ltd v Canoe Sports Pty Ltd [2008] FCA 1340
CORPORATIONS – deed of company arrangement – application by creditor for order under s 445D of Corporations Act 2001 (Cth) terminating deed – payments made by company to directors or to entities controlled by them, not satisfactorily explained – desirability that company be wound up and that the investigatory and recovery powers of a liquidator be available – misleading information in, and omissions from, an administrator's report – whether creditor's nominee or one of the Administrators should be appointed liquidator – discretionary considerations. Held: orders made terminating deed, winding up company and appointing creditor's nominee as liquidator.
Corporations Act 2001 (Cth) s 445D(1) JOHNSON OUTDOORS WATERCRAFT LIMITED v TIMOTHY PAUL HEESH AND TERRY GRANT VAN DER VELDE IN THEIR CAPACITY AS DEED ADMINISTRATORS OF CANOE SPORTS PTY LIMITED (SUBJECT TO DEED OF COMPANY ADMINISTRATION) (ACN 102 999 726), CANOE SPORTS PTY LIMITED (SUBJECT TO DEED OF COMPANY ADMINISTRATION) (ACN 102 999 726) and SAMANTHA LEONIE WILLIAMS
NSD 980 of 2008
LINDGREN J
29 AUGUST 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 980 of 2008
In the matter of Canoe Sports Pty Limited (subject to deed of company arrangement) (ACN 102 999 726) BETWEEN: JOHNSON OUTDOORS WATERCRAFT LIMITED
Plaintiff
AND: TIMOTHY PAUL HEESH AND TERRY GRANT VAN DER VELDE IN THEIR CAPACITY AS DEED ADMINISTRATORS OF CANOE SPORTS PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 102 999 726)
First Defendants
CANOE SPORTS PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 102 999 726)
Second Defendant
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