Armstrong as delegate for the Registrar of Aboriginal and Torres Strait Islander Corporations v Aboriginal and Torres Strait Islander Corporation for Welfare Services (No 2) [2009] FCA 1548

FEDERAL COURT OF AUSTRALIA

Armstrong as delegate for the Registrar of Aboriginal and Torres Strait Islander Corporations v Aboriginal and Torres Strait Islander Corporation for Welfare Services (No 2) [2009] FCA 1548

CORPORATIONS – Winding up – Aboriginal and Torres Strait Islander Corporation – Application to wind up corporation on ground of insolvency – Application to extend period for the determination of the winding up application – Acquisition by corporation of finance to offset debts and payments due in arrears – Undertakings given by corporation to Registrar of Aboriginal and Torres Strait Islander Corporations in respect of governance and financial performance of the corporation – Public interest to undertake this course – Time for determination of application to wind up Respondent Corporation extended Corporations Act 2001 (Cth) s 459R PETER ARMSTRONG AS DELEGATE OF THE REGISTRAR OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS v ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION FOR WELFARE SERVICES

QUD 170 of 2009

LOGAN J

17 december 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 170 of 2009

BETWEEN: PETER ARMSTRONG AS DELEGATE OF THE REGISTRAR OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS

Plaintiff

AND: ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION FOR WELFARE SERVICES

Defendant

JUDGE: LOGAN J

DATE OF ORDER: 17 December 2009

WHERE MADE: BRISBANE

THE COURT ORDERS BY CONSENT THAT: 1. The Plaintiff's application be adjourned to a date to be fixed. 2. Pursuant to s 459R(2) of the Corporations Act 2001 (Cth), the period within which the Plaintiff's Application must be determined be extended until 9 July 2010. 3. The Defendant file and serve an affidavit evidencing that the Defendant has entered into a loan agreement with the National Australia Bank Limited ABN 12 004 044 937 on the terms contained in the letter of offer dated 14 December 2009, and exhibiting a receipt from the Mt Isa City Council confirming payment in full of outstanding rates arrears in the amount of $351,282.65, on or before 4.00pm on Friday 15 January 2010. 4. Subject to compliance with order 3 herein, the Plaintiff and Defendant file with the registry consent orders in the form attached to this order on or before 4.00pm on Friday 22 January 2010. 5. Liberty to apply on three days' notice in writing. 6. Costs reserved.