Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gould v Companies Auditors and Liquidators Disciplinary Board (No 2) [2009] FCA 846
CORPORATIONS – whether administrator of deed of company arrangement (DOCA) obliged to convene meeting of creditors – construction of cl 3 of the prescribed provisions of Schedule 8A to the Corporations Regulations – meaning of expression "no longer practicable … either to continue to carry on the business of the company or to implement this deed" – meaning of "Final Distribution" as used in DOCA Corporations Regulations, reg 5.3A.06, Schedule 8A, cl 3 Barclay Mowlem v Tesrol Walsh Bay [2004] NSWSC 1232 distinguished Commissioner of Taxation of the Commonwealth of Australia v Ryan (2000) 201 CLR 109 referred to Commisioner of Taxation v Ryan (1998) 82 FCR 345 distinguished VANDA RUSSELL GOULD v COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
NSD 1590 of 2008 VANDA RUSSELL GOULD v ADMINISTRATIVE APPEALS TRIBUNAL and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION and COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD NSD 1778 of 2008
LINDGREN J
10 AUGUST 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1590 of 2008
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: VANDA RUSSELL GOULD
Applicant
AND: COMPANIES AUDITORS AND LIQUIDATORS DISCIPLINARY BOARD
First Respondent
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Second Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 10 august 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The parties attempt to agree on the form of the orders, including orders as to costs, to be made. 2. The parties supply to the Associate to Lindgren J by Monday 17 August 2009 the agreed form of orders to be made or, if agreement has not by then been reached, the forms of orders for which they will respectively contend accompanied by short written submissions in support. 3. The proceeding by stood over to Wednesday, 19 August 2009 at 9.30 am for the making of orders, including orders as to costs. 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.
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