Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewis, in the matter of Damilock Pty Ltd (In Liquidation) ACN 008 083 985 v VI SA Australia Pty Ltd ACN 002 433 267 [2008] FCA 1801
CORPORATIONS – liquidation – consideration of time at which the corporation became insolvent – whether corporation had agreement of its creditors to prolonged ageing of debts – whether stock in trade of retail trading corporation should be taken into account when assessing resources available to meet its liabilities as and when they fell due
Corporations Act 2001 (Cth), s 436A
Emanuel Management Pty Ltd v Foster's Brewing Group Ltd (2003) 178 FLR 1 cited Lewis v Doran (2005) 54 ACSR 410 cited Australian Securities and Investment Commission v Plymin (No 1) (2003) 46 ACSR 126 discussed Box Valley Pty Ltd v Kidd (2006) 24 ACLC 471 referred to Sandell v Porter (1966) 115 CLR 66 referred to Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation (2001) 53 NSWLR 213 referred to Rees v Bank of New South Wales (1964) 111 CLR 210 discussed Lewis v Doran (2004) 208 ALR 385 referred to Iso Lilodw' Aliphumeleli Pty Ltd (in liq) v Commissioner of Taxation (2002) 42 ACSR 561 referred to Re New World Alliance Pty Ltd (receivers and managers appointed); Sycotex Pty Ltd v Baseler (No 2) (1994) 51 FCR 425 referred to Taylor v Carroll (1991) 6 ACSR 255 referred to
MARTIN DAVID LEWIS AND BRUCE JAMES CARTER AS LIQUIDATORS OF DAMILOCK PTY LTD (IN LIQUIDATION) ACN 008 083 985 v VI SA AUSTRALIA PTY LTD ACN 002 433 267
SAD 69 of 2008
MANSFIELD J
28 NOVEMBER 2008
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 69 of 2008
IN THE MATTER OF DAMILOCK PTY LTD (IN LIQUIDATION) ACN 008 083 985 BETWEEN: MARTIN DAVID LEWIS AND BRUCE JAMES CARTER AS LIQUIDATORS OF DAMILOCK PTY LTD (IN LIQUIDATION) ACN 008 083 985
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