Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cook, in the matter of Valhalla Labour Hire Pty Ltd (In Liquidation) [2011] FCA 706 Citation: Cook, in the matter of Valhalla Labour Hire Pty Ltd (In Liquidation) [2011] FCA 706
Parties: CHRISTOPHER RICHARD COOK AND MORGAN GERARD LANE AS JOINT AND SEVERAL LIQUIDATORS OF VALHALLA LABOUR HIRE PTY LTD (IN LIQUIDATION) ACN 123 650 037
File number: QUD 119 of 2011
Judge: COLLIER J
Date of judgment: 22 June 2011
Catchwords: CORPORATIONS – winding up – voidable transactions – ex parte application by liquidators to extend time under s 588FF(3)(b) by nine months – prospect of public examinations of prospective respondents – prospective respondents in remote area of Western Australia – discretionary considerations – whether delay in commencing proceedings against prospective respondents adequately explained – service of relevant material on prospective respondents – no appearance by prospective respondents at hearing – whether evidence of forensic disadvantage or detriment to prospective respondents – whether application filed within three years of relation-back day – whether nine months extension of time oppressive to prospective respondents in light of location and availability for public examination – merits of proposed proceedings
Legislation: Corporations Act 2001 (Cth) ss 9, 499, 588FF, 596 Explanatory Memorandum to the Corporate Law Reform Bill 1992 (Cth)
Cases cited: Ansell Ltd v Davies [2008] SASC 203 cited BP Australia Limited v Brown [2003] 58 NSWLR 322 cited Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 cited Charben Haulage Pty Limited (In Liquidation) [2010] FCA 477 cited Green v Chiswell Furniture [1999] NSWSC 608 cited Kugel, in the matter of Charben Haulage Pty Ltd (in Liquidation) [2009] FCA 1039 cited McGrath v National Indemnity Company [2004] NSWSC 391 cited Pegulan Floor Coverings Pty Ltd v Carter (1997) 24 ACSR 651 cited Taylor v Woden Constructions Pty Ltd [1998] FCA 1228 cited
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