Hutchison v MS Wulguru Steel Pty Limited [2012] FCA 272

FEDERAL COURT OF AUSTRALIA

Hutchison v MS Wulguru Steel Pty Limited [2012] FCA 272 Citation: Hutchison v MS Wulguru Steel Pty Limited [2012] FCA 272

Parties: KEIRAN WILLIAM HUTCHISON, JOHN RAYMOND GIBBONS and TAMAYA RESOURCES LIMITED (IN LIQUIDATION) ACN 071 349 249 v MS WULGURU STEEL PTY LIMITED ACN 120 628 953

File number: NSD 1880 of 2011

Judge: EMMETT J

Date of judgment: 17 February 2012

Legislation: Corporations Act 2001 (Cth) ss 588FA, 588FC, 588FE, 588FF Federal Court Rules 2011 rr 5.02, 5.22, 5.23

Date of hearing: 17 February 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 10

Solicitor for the plaintiffs: A Vadasz of Piper Alderman

Counsel for the defendant: The defendant did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1880 of 2011

BETWEEN: KEIRAN WILLIAM HUTCHISON IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF TAMAYA RESOURCES LIMITED (IN LIQUIDATION) ACN 071 349 249

First Plaintiff

JOHN RAYMOND GIBBONS IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF TAMAYA RESOURCES LIMITED (IN LIQUIDATION) ACN 071 349 249

Second Plaintiff

TAMAYA RESOURCES LIMITED (IN LIQUIDATION) ACN 071 349 249

Third Plaintiff

AND: MS WULGURU STEEL PTY LIMITED ACN 120 628 953

Defendant

JUDGE: EMMETT J DATE OF ORDER: 17 FEBRUARY 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Judgment be entered in favour of the plaintiffs against the defendant in the sum of $185,888.01, being the amount of $171,162.20, together with interest on that sum in the amount of $14,725.81, calculated as follows: 1.1 8.75% from 18 February 2011 to 2 November 2011; 1.2 8.5% from 2 November 2011 to 7 December 2011; and 1.3 8.25% from 7 December 2011 to 16 February 2012. 2. The defendant pay the plaintiffs' costs in the sum of $4,855. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.