Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stork ICM Australia Pty Ltd v SFS 007.298.633 Pty Limited (Formerly Stork Food Systems Australasia Pty Ltd), in the matter of Stork ICM Australia Pty Ltd (Deregistered) [2010] FCA 53 Citation: Stork ICM Australia Pty Ltd v SFS 007.298.633 Pty Limited (Formerly Stork Food Systems Australasia Pty Ltd), in the matter of Stork ICM Australia Pty Ltd (Deregistered) [2010] FCA 53
Parties: STORK ICM AUSTRALIA PTY LTD (ACN 004 448 042) v SFS 007.298.633 PTY LIMITED (ACN 007 298 633) (FORMERLY STORK FOOD SYSTEMS AUSTRALASIA PTY LTD) and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: NSD 1689 of 2006
Judge: LINDGREN J
Date of judgment: 2 February 2010
Catchwords: CORPORATIONS - scheme of arrangement - order made under s 413 of Corporations Act 2001 (Cth) for transfer of property and liabilities of Australian subsidiary of overseas corporation to another Australian subsidiary of the same corporation - transfer of transferor's liabilities to persons suffering from exposure to asbestos fibre and of responding insurance where insurer consented - transferor company deregistered under court order made under s 413 of the Act - subsequently further claim made against transferor company - application made for reinstatement of registration and orders transferring the further liability and responding insurance - whether necessary that reinstatement operate retrospectively to time of deregistration - orders made reinstating registration with full retrospectivity, transferring liability and responding insurance, and again deregistering company
Legislation: Corporations Act 2001 (Cth) ss 413, 601AA, 601AD, 601AH
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