Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bank of Western Australia Ltd v Scotia Downs Pty Ltd [2011] FCA 1302 Citation: Bank of Western Australia Ltd v Scotia Downs Pty Ltd [2011] FCA 1302
Parties: BANK OF WESTERN AUSTRALIA LTD ACN 050 494 454 v SCOTIA DOWNS PTY LTD ACN 009 602 304 (FORMERLY FLOREANI FAMILY PTY LTD) BANK OF WESTERN AUSTRALIA LTD ACN 050 494 454 v FLOSPRINGS NOMINEES PTY LTD ACN 094 110 184
File number(s): VID 412 of 2011 VID 413 of 2011
Judge: MURPHY J
Date of judgment: 16 November 2011
Catchwords: CORPORATIONS – winding up – leave to oppose winding up under Corporations Act 2001, s 459S – materiality of disputed debt to solvency – special circumstances in extension of time for determining application for winding up under Corporations Act, s 459R
Legislation: Corporations Act 2001 (Cth)
Cases cited: Ace Contractors and Staff Pty Ltd v Westgarth Development Pty Ltd [1999] FCA 728 Chief Commissioner of Stamp Duties v Paliflex Pty Ltd (1999) 17 ACLC 467, 149 FLR 179 Commonwealth Broadcasting Corporation Pty Ltd v Pacific Mobile Phones (2008) 219 FLR 422 Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWSC 96 Grant Thornton Services (NSW) v St George Wholesale Distributors Pty Ltd [2008] FCA 1777 Master Paving Pty Ltd v Heading Contractors Pty Ltd (1997) 15 ACLC 1025 Texel Pty Ltd v Commonwealth Bank of Australia [1994] 2 VR 298 Date of hearing: 7 September 2011
Place: Melbourne
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