Vickers, in the matter of Challenge Australian Dairy Pty Ltd (Administrators Appointed) (Receivers & Managers Appointed) [2011] FCA 10

FEDERAL COURT OF AUSTRALIA

Vickers, in the matter of Challenge Australian Dairy Pty Ltd (Administrators Appointed) (Receivers & Managers Appointed) [2011] FCA 10 Citation: Vickers, in the matter of Challenge Australian Dairy Pty Ltd (Administrators Appointed) (Receivers & Managers Appointed) [2011] FCA 10

Parties: DERRICK CRAIG VICKERS AND KATHRYN GUINIVERE WARWICK (IN THEIR CAPACITY AS JOINT AND SEVERAL RECEIVERS AND MANAGERS OF CHALLENGE AUSTRALIAN DAIRY PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED)) v CHALLENGE AUSTRALIAN DAIRY PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED) (ABN 59 103 242 155)) and JEFFREY LAURENCE HERBERT AND SIMON GUY THEOBALD (IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF CHALLENGE AUSTRALIAN DAIRY PTY LTD (ADMINISTRATORS APPOINTED) (RECEIVERS & MANAGERS APPOINTED))

File number: WAD 393 of 2010

Judge: BARKER J

Date of judgment: 13 January 2011

Catchwords: CORPORATIONS – receivers – private receivership – whether s 558(1) Corporations Act 2001 (Cth), entitling employees of a company in liquidation to payment for services under s 556, applies to companies in receivership. Held: s 558 does not apply to companies in receivership CORPORATIONS – receivers – private receivership – whether receivers personally liable under s 419 Corporations Act 2001 (Cth) to pay superannuation contributions, superannuation guarantee charges, annual leave or long service leave to employees who continue in employment after the appointment of receivers. Held: receivers not personally liable

Legislation: Corporations Act 2001 (Cth) s 433(3)(c), s 433(9), s 556(1)(e), s 556(1)(g), s 558(1)