Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheahan v Ex Ced Foods [2011] FCA 692 Citation: Sheahan v Ex Ced Foods [2011] FCA 692
Parties: JOHN SHEAHAN AND IAN RUSSELL LOCK v EX CED FOODS (IN RECEIVERSHIP AND LIQUIDATION) (COMPANY NO. 499671) and JOHN SHEAHAN AND IAN RUSSELL LOCK v CEDENCO OHAKUNE (IN RECEIVERSHIP AND LIQUIDATION) (COMPANY NO. 665068)
File numbers: SAD 121 of 2011 SAD 122 of 2011
Judge: BESANKO J
Date of judgment: 17 June 2011
Date of hearing: 6, 16 June 2011
Place: Adelaide
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 16
Counsel for the Applicants: Mr R J Whitington QC
Solicitor for the Applicants: DMAW Lawyers
Counsel for the Respondent: The Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 121 of 2011
between: JOHN SHEAHAN AND IAN RUSSELL LOCK
Applicants
AND: EX CED FOODS (IN RECEIVERSHIP AND LIQUIDATION) (COMPANY NO. 499671)
Respondent
JUDGE: BESANKO J DATE OF ORDER: 17 JUNE 2011 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. Pursuant to clause 2 of article 17 of Schedule 1 of the Cross-Border Insolvency Act 2008 (Cth) ('the Act') the liquidation proceedings of Ex Ced Foods (Company No 499671) by which the applicants were appointed liquidators of on 6 May 2010 be and is hereby recognised as a foreign main proceeding. 2. Title of these proceedings be amended to 'John Sheahan and Ian Russell Lock v Ex Ced Foods (In Receivership and Liquidation) (Company No 499671)'. 3. Leave is granted for the applicants to dispense with the requirement to file an interlocutory process in accordance with rule 15A.3(3) of the Federal Court (Corporations) Rules 2000 (Cth) ('the Rules'). 4. Leave is granted for the applicants to dispense with the requirement to serve the originating process and supporting affidavits on Ex Ced Foods in accordance with rules 2.7(1) and 15A.3(4) of the Rules. 5. The costs of and incidental to this application be costs of the administration of Ex Ced Foods.
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