Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seed Corporate Finance Pty Ltd v Savvytel Pty Ltd [2010] FCA 733 Citation: Seed Corporate Finance Pty Ltd v Savvytel Pty Ltd [2010] FCA 733
Parties: SEED CORPORATE FINANCE PTY LTD (ACN 140 353 215) v SAVVYTEL PTY LIMITED
File number(s): NSD 834 of 2010
Judge: EMMETT J
Date of judgment: 8 July 2010
Date of hearing: 8 July 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Applicant: G Ng
Solicitor for the Applicant: Swaab Attorneys
Solicitor for the Respondent: Peter Sardelic Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 834 of 2010
BETWEEN: SEED CORPORATE FINANCE PTY LTD
(ACN 140 353 215)
Applicant
AND: SAVVYTEL PTY LIMITED (ACN 138 008 107)
Respondent
JUDGE: EMMETT J
DATE OF ORDER: 8 JULY 2010
WHERE MADE: SYDNEY
THE COURT:
1. DECLARES THAT that the lodgement with Australian Securities and Investments Commission on 1 March 2010 of an ASIC Form 309 in respect of the deed of charge dated 14 January 2010 between the plaintiff and the defendant, an ASIC Form 350 in respect of the charge and the charge itself constituted compliance with s 263(1) of the Corporations Act 2001 (Cth) for the purposes of s 266(1)(c)(1) of that Act.
2. ORDERS THAT to the extent that it may be necessary, the date for lodgement of a notice under s 263(1) of the Act in respect of the charge be extended to 1 March 2010.
3. Reserves liberty to any creditor or any administrators or liquidators of the defendant to apply to discharge or vary Order 2 if a creditor of the defendant has advanced funds or given credit to the defendant in reliance on the Australian register of company charges not disclosing the existence of the charge on 1 March 2010 that Order 2 be without prejudice as to the rights of any person in consequence of any dealings by that person with any property the subject of the charge on 1 March 2010.
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