Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Timbercorp Securities Limited (in liq) v Plantation Land Limited [2009] FCA 741
CORPORATIONS – insolvency – winding up – liquidator – expenses incurred in winding up – priority of payment – leases – rent accruing before and after winding up order – whether liquidator has retained possession of land for the purposes of liquidation – whether rent should be treated as an expense incurred by the liquidator – scope of the liquidation expenses principle Corporations Act 2001 (Cth), ss 446A, 601EB, 601FL, 556(1)(a), 556(1)(dd)
ABC Coupler & Engineering Co Ltd (No 3), In re [1970] 1 WLR 703 Brash Holdings Ltd (Admr Appt) v Katile Pty Ltd (1994) 13 ACSR 504 Downer Enterprises Ltd, In re [1974] 1 WLR 1460 HH Realisations Ltd, Re (1975) 31 P&CR 249 Lundy Granite Co; Ex parte Heavan, In re [1871] LR 6 Ch App 462 New Oriental Bank Corporation, Re (No 2) [1895] 1 Ch 753 Oak Pits Colliery Company, In re (1882) 21 Ch D 322 Progress Assurance Co; Ex parte Liverpool Exchange Company, In re [1870] LR 9 Eq 370 Silkstone & Dodworth Coal and Iron Company, In re (1881) 17 Ch D 158 Toshoku Finance UK plc, In re [2002] 1 WLR 671 IN THE MATTER OF TIMBERCORP SECURITIES LIMITED (IN LIQUIDATION) AND IN THE MATTER OF TIMBERCORP LIMITED (IN LIQUIDATION) TIMBERCORP SECURITIES LIMITED (IN LIQUIDATION), TIMBERCORP LIMITED (IN LIQUIDATION), MARK ANTHONY KORDA, LEANNE CHESSER v PLANTATION LAND LIMITED
VID 497 of 2009
FINKELSTEIN J
10 JULY 2009
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 497 of 2009
GENERAL DIVISION
IN THE MATTER OF TIMBERCORP SECURITIES LIMITED (IN LIQUIDATION) AND IN THE MATTER OF TIMBERCORP LIMITED (IN LIQUIDATION) BETWEEN: TIMBERCORP SECURITIES LIMITED (IN LIQUIDATION), TIMBERCORP LIMITED (IN LIQUIDATION),
MARK ANTHONY KORDA and
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