Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singleton, in the matter of Lehman Brothers Australia Limited (in Liq) [2011] FCA 1068 Citation: Singleton, in the matter of Lehman Brothers Australia Limited (in Liq) [2011] FCA 1068
Parties: NEIL GEOFFREY SINGLETON AND STEPHEN JAMES PARBERY IN THEIR CAPACITY AS LIQUIDATORS FOR LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 066 797 760
File number: NSD 1795 of 2010
Judge: RARES J
Date of judgment: 2 September 2011
Legislation: Corporations Act 2001 (Cth) ss 479, 562 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6
Cases cited: Singleton, in the matter of Lehman Brothers Australia Ltd (in liquidation) [2010] FCA 1491 referred to
Date of hearing: 2 September 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr B Walker SC with Mr P Kulevski
Solicitor for the Applicant: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1795 of 2010
IN THE MATTER OF LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 066 797 760 NEIL GEOFFREY SINGLETON AND STEPHEN JAMES PARBERY IN THEIR CAPACITY AS LIQUIDATORS FOR LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 066 797 760
Applicants
JUDGE: RARES J DATE OF ORDER: 2 SEPTEMBER 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to s 479(3) of the Corporations Act 2001 (Cth), and pending a reasonable opportunity to consider the Court's reasons for judgment in proceedings NSD 2492 of 2007, the applicants are justified in taking the steps currently being taken to manage potentially competing priorities between the general body of creditors, the contingent creditor(s) or different classes of contingent creditor(s), in respect of any monies to be received by the applicants under the insurance policies of Lehman Brothers Australia Limited (in Liq), as described in the affidavit of Marcus William Ayres sworn on 1 September 2011. 2. The costs of this application be costs in the winding up. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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