Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kugel, in the matter of Charben Haulage Pty Limited (in Liquidation) [2011] FCA 834 Citation: Kugel, in the matter of Charben Haulage Pty Limited (in Liquidation) [2011] FCA 834
Parties: STEVEN BARRY KUGEL IN HIS CAPACITY AS LIQUIDATOR OF CHARBEN HAULAGE PTY LIMITED (IN LIQUIDATION) (ACN 083 376 701)
File number: NSD 722 of 2011
Judge: EMMETT J
Date of judgment: 15 July 2011
Legislation: Corporations Act 2001 (Cth) s 564
Cases cited: Charben Haulage Pty Ltd (in Liquidation), in the matter of Charben Haulage Pty Ltd (in Liquidation) [2010] FCA 477 Household Financial Services Pty Ltd v Chase Medical Centre Pty Ltd (1995) 18 ACSR 294 Kugel, in the matter of Charben Haulage Pty Ltd (in Liquidation) [2009] FCA 1039 Re Ken Godfrey Pty Ltd (in liq) (1994) 14 ACSR 610 State Bank of NSW v Brown (2001) 38 ACSR 715
Date of hearing: 8 and 15 July 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 29
Counsel for the plaintiff: S Golledge
Solicitor for the plaintiff: Colin Biggers & Paisley
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 722 of 2011
IN THE MATTER OF CHARBEN HAULAGE PTY LIMITED (IN LIQUIDATION) STEVEN BARRY KUGEL IN HIS CAPACITY AS LIQUIDATOR OF CHARBEN HAULAGE PTY LIMITED (IN LIQUIDATION) (ACN 083 376 701)
Plaintiff
JUDGE: EMMETT J DATE OF ORDER: 15 JULY 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 564 of the Corporations Act 2001 (Cth), there be distributed to Environmental and Earth Sciences Pty Ltd (EES), by way of interim dividend in the winding up of Charben Haulage Pty Ltd, the sum of $150,569.35, and such interim dividend be to the exclusion of any like payment to any other creditor and be without prejudice to the right of EES to participate rateably with other creditors in the winding up in respect of the balance of its debt. 2. The costs of this application be costs in the winding up of Charben Haulage Pty Ltd. 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.
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