Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Prudential Regulation Authority v ACN 000 007 492 (in Liq) [2011] FCA 353 Citation: Australian Prudential Regulation Authority v ACN 000 007 492 (in Liq) [2011] FCA 353
Parties: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v ACN 000 007 492 (IN LIQUIDATION)
File number: NSD 574 of 2010
Judge: PERRAM J
Date of judgment: 13 April 2011
Catchwords: INSURANCE – General insurer – winding up order – application for order giving effect to course of action in judicial manager's report – s 62ZI Insurance Act 1973 (Cth) – recommendation to wind up – order made under s 62ZJ Insurance Act 1973 (Cth) – Corporations Act 2001 (Cth) to govern winding up
Legislation: Corporations Act 2001 (Cth) ss 9, 459A, 459P, 513A, 588FE, Ch 5, Prt 5.6, Prt 5.7B Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010 (Cth) Sch 2, item 6 Insurance Act 1973 (Cth) ss 3, 62L, 62M, 62ZI, 62ZJ, 62ZP, 62ZZC
Cases cited: Australian Prudential Regulation Authority v ACN 000 007 492 (Under Judicial Management) (Subject to a Deed of Company Arrangement) [2010] FCA 912 cited Insurance Commissioner v Associated Dominions Assurance Society Pty Ltd (1953) 89 CLR 78 cited Kartinyeri v Commonwealth (1998) 195 CLR 337 cited Smith as Judicial Manager of Australian Family Assurance Limited v Australian Family Assurance Limited [2009] FCA 1449 cited F A R Bennion Bennion on Statutory Interpretation (5th Ed, 2008)
Date of hearing: 25 October 2010
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