Lindholm, in the matter of Munday Group Pty Limited (Receivers and Managers Appointed) (In Liquidation) v Tsourlinis Distributors Pty Ltd [2011] FCA 195

FEDERAL COURT OF AUSTRALIA

Lindholm, in the matter of Munday Group Pty Limited (Receivers and Managers Appointed) (In Liquidation) v Tsourlinis Distributors Pty Ltd [2011] FCA 195 Citation: Lindholm, in the matter of Munday Group Pty Limited (Receivers and Managers Appointed) (In Liquidation) v Tsourlinis Distributors Pty Ltd [2011] FCA 195

Parties: JOHN LINDHOLM AND PETER MCCLUSKEY IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF MUNDAY GROUP PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE OF FIRST PLAINTIFFS) v TSOURLINIS DISTRIBUTORS PTY LTD (AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE) TSOURLINIS DISTRIBUTORS PTY LTD (ACN 004 824 864) v UPDAY PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) (ACN 106 215 356)

File number(s): VID 330 of 2010 VID 685 of 2010

Judge: FINKELSTEIN J

Date of Judgment: 9 March 2011

Catchwords: CORPORATIONS – deed administration – company leased business premises – landlord terminated lease for breach – whether former landlord could be prohibited from taking possession CORPORATIONS – deed administration – deed of company arrangement conditional on transfer of shares in company – shareholder refused to consent to transfer – whether deed administrators should be given leave to effect transfer LANDLORD AND TENANT – breach of covenants – some breaches incapable of remedy – relief against forfeiture – when granted – whether quia timet relief to be granted LANDLORD AND TENANT – right of first refusal to acquire residue – whether applicable when shares in company are sold – when right arises

Legislation: Corporations Act 2001 (Cth) s 444F Property Law Act 1958 (Vic) s 146