Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Destra Corporation Limited, in the matter of Destra Corporation Limited (Receivers and Managers Appointed)(in liquidation) [2010] FCA 150 Citation: Destra Corporation Limited, in the matter of Destra Corporation Limited (Receivers and Managers Appointed)(in liquidation) [2010] FCA 150
Parties: DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED)(IN LIQUIDATION) AND THE COMPANIES LISTED IN SCHEDULE A
File number: NSD 1056 of 2009
Judge: STONE J
Date of judgment: 2 March 2010
Catchwords: CORPORATIONS – whether winding up of companies should be terminated – whether companies solvent after implementation of deed of company arrangement – whether interest of present and future creditors protected – whether termination of winding up contrary to interests of liquidators.
Legislation: Corporations Act 2001 (Cth) s 482(1), s 482(2A)
Cases cited: Brolrik Pty Ltd v Sambah Holdings Pty Ltd (2001) 164 FLR 91 McAusland v Commissioner of Taxation (1993) 47 FCR 369
Date of hearing: 18 December 2009
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 13
Counsel for the Plaintiff: Mr J Baird
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1056 of 2009
BETWEEN: DESTRA CORPORATION LIMITED (RECEIVERS AND MANAGERS APPOINTED)(IN LIQUIDATION) AND THE COMPANIES LISTED IN SCHEDULE A
Plaintiffs
JUDGE: STONE J
DATE OF ORDER: 18 December 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to section 482(1), the winding up of each of the Destra Group companies listed in schedule B to these orders be terminated. 2. These orders be entered forthwith.
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