Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Programmed Maintenance Services Ltd v Ranelagh House Pty Ltd (In Liquidation) [2008] FCA 1974
CORPORATIONS – application by plaintiff creditor to defer dissolution of defendant company – final distribution of funds already made by liquidator – plaintiff claiming unpaid debt – continued existence of company necessary to effect proper purpose – application granted
Corporations Act 2001 (Cth) s 509(6)
Billingham; Re WM Ritchie (Aust) Pty Ltd [2007] NSWSC 325 referred to Kerol Pty Ltdv Vergeld Engineering Pty Ltd (in liquidation) (unreported, Supreme Court of South Australia, Burley J, 30 April 1998) applied
IN THE MATTER OF RANELAGH HOUSE PTY LTD (ACN 001 160 078) (IN LIQUIDATION); PROGRAMMED MAINTENANCE SERVICES LIMITED (ACN 054 742 264) v RANELAGH HOUSE PTY LTD (ACN 001 160 078) (IN LIQUIDATION), ROBERT JOHN REDENBACH (IN HIS CAPACITY AS LIQUIDATOR OF RANELAGH HOUSE PTY LTD) (ACN 001 160 078) (IN LIQUIDATION)) and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
NSD 1908 of 2008
JACOBSON J
19 DECEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1908 of 2008
IN THE MATTER OF RANELAGH HOUSE PTY LTD (ACN 001 160 078) (IN LIQUIDATION) BETWEEN: PROGRAMMED MAINTENANCE SERVICES LIMITED (ACN 054 742 264)
Plaintiff
AND: RANELAGH HOUSE PTY LTD (ACN 001 160 078) (IN LIQUIDATION)
First Defendant
ROBERT JOHN REDENBACH (IN HIS CAPACITY AS LIQUIDATOR OF RANELAGH HOUSE PTY LTD) (ACN 001 160 078) (IN LIQUIDATION))
Second Defendant
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Third Defendant
JUDGE: JACOBSON J
DATE OF ORDER: 19 DECEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 509(6) of the Corporations Act 2001 (Cth), that the Australian Securities and Investments Commission deregister Ranelagh House Pty Ltd (ACN 001 160 078) (in liquidation) on 15 December 2010. 2. The Amended Application be adjourned to 10 February 2009. 3. Costs of the Interlocutory Process filed on 15 December 2008 to be costs in the cause. 4. The Plaintiff's notice to produce to the second defendant dated 16 December 2008 be adjourned to 10 February 2009. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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