Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cold Rock Management Pty Ltd v Maerceci Pty Ltd (No 2) [2011] FCA 977 Citation: Cold Rock Management Pty Ltd v Maerceci Pty Ltd (No 2) [2011] FCA 977
Parties: COLD ROCK MANAGEMENT PTY LTD ACN 078 334 326 v MAERCECI PTY LTD ACN 093 099 891 (ADMINISTRATORS APPOINTED) and AURUMINE PTY LTD ACN 106 082 400 (ADMINISTRATORS APPOINTED)
File number: VID 452 of 2011
Judge: LOGAN J
Date of judgment: 11 August 2011
Corrigendum: 25 August 2011
Catchwords: CORPORATIONS – external administration – stay of proceedings – application for leave to continue proceedings – where applicant sought to continue respondents' cross-claim in order to seek summarily dismissal of it – whether leave required – where proceeding was one in relation to the companies' property – leave required and granted – cross-claim summarily dismissed – claim adjourned to after second creditors' meeting
Legislation: Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) ss 436A, 440D
Cases cited: Southern v Heartwood Architectural Timber & Joinery Pty Ltd [2008] QSC 354 followed
Date of hearing: 11 August 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr I Upjohn
Solicitor for the Applicant: ComLaw Barristers and Solicitors
Solicitor for the Respondents: Harding Richards Lawyers as town agents for Boulton Cleary and Kern
FEDERAL COURT OF AUSTRALIA
Cold Rock Management Pty Ltd v Maerceci Pty Ltd (No 2) [2011] FCA 977 CORRIGENDUM 1. On the front cover in the catchwords, in the fourth sentence, the word "summarily" should read "summary". 2. On the Orders page, the word "it" should be removed and the sentence should read "Insofar as the same may be necessary, leave is granted to the applicant to proceed with the cross-claim." I certify that the preceding two (2) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Logan.
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