Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey [2010] FCA 1163

FEDERAL COURT OF AUSTRALIA

Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey [2010] FCA 1163

Citation: Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey [2010] FCA 1163

Parties: PETER JAMES GOTHARD AND STEVEN JOHN SHERMAN AS RECEIVERS AND MANAGERS OF EACH OF AFG PTY LIMITED (IN LIQ) (ACN 051 982 560), ALLCO FINANCE GROUP LIMITED (IN LIQ) (ACN 077 721 129), ALLCO FINANCE (AUSTRALIA) LIMITED (IN LIQ) (ACN 003 315 446) v STEVEN DAVEY, MICHELLE SEGAERT, IAN GRAYBURN, CHRISTINE BOWEN, TIMOTHY RICH and EVAN GALLAGHER

File number: NSD 256 of 2009

Judge: EDMONDS J

Date of judgment: 28 October 2010

Catchwords: PRACTICE & PROCEDURE—respondent representative proceedings—Order 6 r 13 Federal Court Rules (Cth)—whether respondent representative proceedings are appropriate in the circumstances. CORPORATIONS— whether the respondents and the persons, if any, they represent are employees of AFG Pty Limited (Receivers and managers appointed) (in liquidation) ('AFGPL'), Allco Finance Group Limited (Receivers and managers appointed) (in liquidation) ('AFGL') or Allco Finance (Australia) Limited (Receivers and managers appointed) (in liquidation) ('AFAL') for the purposes of s 556(1)(e) of the Corporations Act 2001 (Cth) ('the Act') —whether the respondents and the persons, if any, they represent, are priority creditors of AFGPL, AFGL or AFAL pursuant to s 433(3)(c) of the Act. Held: Representative proceedings are appropriate in the circumstances; the respondents are employees of AFGL, or alternatively AFAL for the purposes of s 556(1)(e); the respondents are priority creditors of AFGL or alternatively AFAL pursuant to s 433(3)(c).