Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burness, In the matter of Research Investments Pty Ltd (ACN 089 605 863) (In Liq) [2009] FCA 1041
PAUL ANDREW BURNESS AND MORGAN GERARD JAMES LANE AS TRUSTEES OF THE BANKRUPT ESTATE OF ILIAS LYMBERATOS v ADRIAN LAWRENCE BROWN
VID 492 of 2009
GORDON J
16 SEPTEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 492 of 2009
GENERAL DIVISION
IN THE MATTER OF RESEARCH INVESTMENTS PTY LTD (ACN 089 605 863) (IN LIQUIDATION) BETWEEN: PAUL ANDREW BURNESS AND MORGAN GERARD JAMES LANE AS TRUSTEES OF THE BANKRUPT ESTATE OF ILIAS LYMBERATOS
Plaintiffs
AND: ADRIAN LAWRENCE BROWN
Defendant
JUDGE: GORDON J
DATE OF ORDER: 16 SEPTEMBER 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The Plaintiffs pay the Defendant's costs of and incidental to the application, such costs to be taxed in default of agreement. 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
VICTORIA DISTRICT REGISTRY VID 492 of 2009
GENERAL DIVISION
IN THE MATTER OF RESEARCH INVESTMENTS PTY LTD (ACN 089 605 863) (IN LIQUIDATION) BETWEEN: PAUL ANDREW BURNESS AND MORGAN GERARD JAMES LANE AS TRUSTEES OF THE BANKRUPT ESTATE OF ILIAS LYMBERATOS
Plaintiffs
AND: ADRIAN LAWRENCE BROWN
Defendant
JUDGE: GORDON J
DATE: 16 SEPTEMBER 2009
PLACE: MELBOURNE
REASONS FOR JUDGMENT
INTRODUCTION 1 By application filed on 1 July 2009 under s 1321 of the Corporations Act 2001 (Cth) ("the Act"), the Plaintiffs (the trustees of the bankrupt estate of Ilias Lymberatos) ("the Plaintiffs") appealed the decision of Adrian Lawrence Brown ("the Liquidator"), as liquidator of Research Investments Pty Ltd (ACN 089 605 863) (in liquidation) ("the Company"), rejecting a proof of debt lodged by the Plaintiffs. 2 For the reasons that follow, I would dismiss the appeal and order the Plaintiffs to pay the Defendant's costs.
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