Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kim v Cha [2011] FCA 554 Citation: Kim v Cha [2011] FCA 554
Parties: YOUNG CHUL KIM v JENNY CHA, YANG IL CHA, MOON HEE CHA, ARIAKE PTY LIMITED AND ARIAKE JAPANESE PTY LIMITED
File number: NSD 1688 of 2010
Judge: EMMETT J
Date of judgment: 20 May 2011
Legislation: Corporations Act 2001 (Cth) s 459P
Date of hearing: 20 May 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 6
Counsel for the plaintiff: C. R. Ireland
Solicitor for the plaintiff: Dahan Lawyers
Solicitor for the first to third defendants: P. Biber
Counsel for the fourth and fifth defendants: The fourth and fifth defendants did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1688 of 2010
BETWEEN: YOUNG CHUL KIM
Plaintiff
AND: JENNY CHA
First Defendant
YANG IL CHA
Second Defendant
MOON HEE CHA
Third defendant
ARIAKE PTY LIMITED
Fourth Defendant
ARIAKE JAPANESE PTY LIMITED
Fifth Defendant
JUDGE: EMMETT J DATE OF ORDER: 20 MAY 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The order made on 18 February 2011 that the parties attend mediation no later than 22 April 2011 be vacated. 2. The first defendant be granted leave to file an amended interlocutory process to be returnable for hearing on an urgent basis. 3. The first defendant be granted leave, without conditions, to apply to the Court under s 459P of the Corporations Act for orders that the fourth and fifth defendants be wound up in insolvency. 4. Pursuant to s 467(3) of the Corporations Act, all formal defects or irregularities with respect to this application be waived, in particular, but not limited to, the failure of the plaintiff to publish notices of the proposed application for the winding up of the fourth and fifth defendants required under section 465A of the Act and Regulation 5.6 (Form 9) of the Federal Court (Corporations) Rules 2000. 5. The fourth and fifth defendants be wound up. 6. Mr Stewart Free of Jirsch Sutherland be appointed liquidator to the fourth and fifth defendants. 7. The costs of the plaintiff and first defendant of this interlocutory application be paid out of the assets of the fourth and fifth defendants in equal shares. 8. The statement of claim filed on 20 January 2011 by the plaintiff be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate