Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vartelas v Kyriakou [2009] FCA 1489
PRACTICE AND PROCEDURE - liquidator - warrant - failure to deliver books and records to liquidator - whether warrant should be issued to enable liquidator to search for and seize books
Corporations Act 2001 (Cth) s 530C Australian Securities Commission v Samson (1997) 24 ACSR 555 followed PAUL VARTELAS (AS LIQUIDATOR OF ULTIMATE FURNITURE DESIGN PTY LTD) (IN LIQUIDATION) v THOMAS KYRIAKOU and ULTIMATE FURNITURE AUSTRALIA PTY LTD
VID 842 of 2009
FINKELSTEIN J
1 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 842 of 2009
GENERAL DIVISION
BETWEEN: PAUL VARTELAS (AS LIQUIDATOR OF ULTIMATE FURNITURE DESIGN PTY LTD) (IN LIQUIDATION)
Plaintiff
AND: THOMAS KYRIAKOU and
ULTIMATE FURNITURE AUSTRALIA PTY LTD
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 1 DECEMBER 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
The District Registrar issue, pursuant to s 530C of the Corporations Act 2001 (Cth), a warrant in the form of the warrant which is annexed to this order. 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.
ANNEXURE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No. VID 842 of 2009 IN THE MATTER OF ULTIMATE FURNITURE DESIGN PTY LTD (IN LIQUIDATION) ACN 087 063 189 PAUL VARTELAS (as liquidator of Ultimate Furniture Design Pty Ltd (In Liquidation) ACN 087 063 189 Plaintiff and THOMAS KYRIAKOU First Defendant and ULTIMATE FURNITURE AUSTRALIA PTY LTD ACN 135 423 611 Second Defendant WARRANT FOR SEARCH AND SEIZURE TO: PAUL VARTELAS the Official Liquidator of Ultimate Furniture Design Pty Ltd (In Liquidation) ACN 087 063 189 with such assistance from members of the Australian Federal Police and Victoria Police as is reasonably necessary.
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