Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Devere Legal Pty Ltd (In Liquidation) (ACN 125 641 787) v Greener Investments Pty Ltd (In Administration) (ACN 110 036 452) [2010] FCA 789 Citation: Devere Legal Pty Ltd (In Liquidation) (ACN 125 641 787) v Greener Investments Pty Ltd (In Administration) (ACN 110 036 452) [2010] FCA 789
Parties: DEVERE LEGAL PTY LTD (IN LIQUIDATION) (ACN 125 641 787) v GREENER INVESTMENTS PTY LTD (IN ADMINISTRATION) (ACN 110 036 452)
File number: SAD 41 of 2010
Judge: LANDER J
Date of judgment: 27 July 2010
Catchwords: CORPORATIONS – application to wind up in insolvency – application to adjourn the hearing to allow the company to enter into administration – s 440A(2). Held: The adjournment application refused – in the interests of the company's creditors for the company to be wound up.
Legislation: Corporations Act 2001 (Cth) s 440A
Cases cited: Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 followed Deputy Commissioner of Taxation v Yates Security Services Pty Ltd (1998) 16 ACLC 448 followed
Date of hearing: 24 June 2010
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 65
Counsel for the Plaintiff: Mr J Whitington
Solicitor for the Plaintiff: Griffin Hilditch
Counsel for the Defendant: Mr N Fragos
Solicitor for the Defendant: Piper Alderman
Counsel for the Supporting Creditor: Mr G Dart
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