Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beautree Pty Limited, in the matter of Willow Glade Pty Limited v Willow Glade Pty Limited [2009] FCA 738
CORPORATIONS – liquidation – appointment of liquidators provisionally under s 472(2) of Corporations Act 2001 (Cth) – application for winding up on "just and equitable" ground – breakdown in relations between the two directors of company – Supreme Court proceeding against company on foot – motion for summary judgment to be before Supreme Court in two days' time – because of deadlock within company, impossible for company to defend Supreme Court proceeding or take any other step in it – company in breach of asset disclosure order made in Supreme Court proceeding – whether prejudicial to a proceeding for contempt of Supreme Court's order for provisional liquidator to be appointed – discretionary considerations – possible insolvency of companies in group. Held: Provisional liquidators appointed. Corporations Act 2001 (Cth) s 472(2) IN THE MATTER OF WILLOW GLADE PTY LIMITED (ACN 095 616 283) BEAUTREE PTY LIMITED (ACN 003 129 119) v WILLOW GLADE PTY LIMITED (ACN 095 616 283)
NSD 673 of 2009 IN THE MATTER OF PAZOLUCA PTY LIMITED (ACN 108 748 296) BEAUTREE PTY LIMITED (ACN 003 129 119) v PAZOLUCA PTY LIMITED (ACN 108 748 296) NSD 674 of 2009
LINDGREN J
9 JULY 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 673 of 2009
general division
IN THE MATTER OF WILLOW GLADE PTY LIMITED (ACN 095 616 283) BETWEEN: BEAUTREE PTY LIMITED (ACN 003 129 119)
Plaintiff
AND: WILLOW GLADE PTY LIMITED (ACN 095 616 283)
Defendant
JUDGE: LINDGREN J
DATE OF ORDER: 7 JULY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Specialty Fashion Group Pty Ltd be granted leave to be heard. 2. Leave be granted to Specialty Fashion Group Pty Ltd to make use of the affidavit of Richard Davies Bamford sworn 6 July 2009 in proceeding 2765 of 2009 in the Equity Division of the Supreme Court of New South Wales. 3. The proceeding be stood over part-heard to Wednesday 8 July 2009 at 9.30 am. 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 NEW SOUTH WALES DISTRICT REGISTRY NSD 674 of 2009 general division
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