Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allen, in the matter of North East Wiradjuri Co Limited (Administrators Appointed) [2010] FCA 1248
Citation: Allen, in the matter of North East Wiradjuri Co Limited (Administrators Appointed) [2010] FCA 1248
Parties: BILL ALLEN, ESTER CUTMORE and ROBERT BUGG; DAVID SHANNON IN HIS CAPACITY AS ADMINISTRATOR OF NORTH EAST WIRADJURI CO LIMITED (ACN 125 329 526)(ADMINISTRATORS APPOINTED), BRUCE GLEESON IN HIS CAPACITY AS ADMINISTRATOR OF NORTH EAST WIRADJURI CO LIMITED (ACN 125 329 526)(ADMINISTRATORS APPOINTED) and NORTH EAST WIRADJURI CO LIMITED (ACN 125 329 526)(ADMINISTRATORS APPOINTED) v NORTH EASTERN WIRADJURI COMMUNITY FUND LIMITED (ACN 132 314 008)
File number(s): NSD 1320 of 2010
Judge: JACOBSON J
Date of judgment: 5 November 2010
Catchwords: CORPORATIONS – application for appointment of receiver – dispute as to control of company – deadlocked company – non trading company – pooling of funds – receivers appointed to supervise receipt and safekeeping of moneys until ultimate dispute resolved
Legislation: Corporations Act 2001 (Cth) s 447A, 447C Federal Court of Australia Act 1976 (Cth) s 57
Cases cited: Australasian Memory Pty Limited v Brien (2000) 200 CLR 270 cited Calabretta v Redpen Developments Pty Limited (in liq) (2010) 183 FCR 47 applied Humphris, in the matter of ACN 004 987 866 Pty Limited (2003) 21 ACLC 1474 followed Re Evans & Tate Limited; Ex parte Jones (2007) 25 ACLC 1,580 referred to Re HPI Australia Pty Limited (2008) 26 ACLC 1,230 referred to Sims, Re Huon Corporation Pty Limited (administrators appointed) (2006) 58 ACSR 620 referred to
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