Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Willmott Forests Limited, in the matter of Willmott Forests Limited (Receivers and Managers appointed) (in liq) [2011] FCA 1517 Citation: Willmott Forests Limited, in the matter of Willmott Forests Limited (Receivers and Managers appointed) (in liq) [2011] FCA 1517
Parties: WILLMOTT FORESTS LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 063 26 650) IN ITS PERSONAL CAPACITY AND IN ITS CAPACITY AS RESPONSIBLE ENTITY OF EACH OF THE MANAGED INVESTMENTS SCHEMES LISTED IN SCHEDULE 1 AND IN ITS CAPACITY AS MANAGER OF THE UNREGISTERED MANAGED INVESTMENT SCHEME LISTED IN SCHEDULES 2 AND 3, CRAIG DAVID CROSBIE and IAN MENZIES CARSON
File number: VID 386 of 2011
Judge: DODDS-STREETON J
Date of judgment: 29 June 2011
Catchwords: CORPORATIONS – Liquidation – Registered and unregistered managed investment schemes – Application for directions that liquidators may properly amend scheme constitutions to grant power to terminate, relinquish or surrender project documents and investor rights or disclaim project documents as onerous, subject to paying investors amounts referable to their rights and seeking the court's consent before exercising powers or disclaiming project documents – Directions made
Legislation: Corporations Act 2001 (Cth), ss 511, 601GC Federal Court Rules 1979, O 6 r 17
Cases cited: ING Funds Management Ltd v ANZ Nominees Ltd (2009) 228 FLR 444 cited
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