Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 3) [2012] FCA 313 Citation: Owen, in the matter of RiverCity Motorway Pty Limited (Administrators Appointed) (Receivers and Managers Appointed) v Madden (No 3) [2012] FCA 313
Parties: MICHAEL ANDREW OWEN, STEPHEN JAMES PARBERY AND CHRISTOPHER CLARKE HILL IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF RIVERCITY MOTORWAY PTY LIMITED (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) ACN 116 665 304 (AND EACH OF THE COMPANIES LISTED IN THE ATTACHED SCHEDULE) v MARTIN MADDEN AND DAVID MERRYWEATHER (RECEIVERS AND MANAGERS)
File number: QUD 60 of 2011
Judge: LOGAN J
Date of judgment: 14 February 2012
Catchwords: CORPORATIONS – managed investment scheme – administration of company's affairs – appointment of administrators – whether administrators are officers for purposes of ch 5C of the Corporations Act 2001 (Cth) – held administrators not officers CORPORATIONS – managed investment scheme – administration of a company's affairs – appointment of administrators – leave to dispense with compliance with parts of Pt 2M.3 of the Corporations Act 2001 (Cth) – general powers of court to make orders pursuant to s 447A of the Corporations Act 2001 (Cth) – construction and application – need for nexus – held nexus available pursuant to s 437A of the Corporations Act 2001 (Cth) – administration to be conducted on the footing that ss 292(1), 302, 306(1), 314, 319 and 320 of the Corporations Act 2001 (Cth) had no application to company administrators
Legislation: Corporations Act 2001 (Cth) ss 292, 298, 302, 306, 314, 319, 320, 437A, 447A, 447D, 601FD, 1330, Pt 2M.3, Pt 5.3, Pt 7.6 Corporate Law Economic Reform Program Act 1999 (Cth) Corporate Law Reform Act 1992 (Cth) Federal Court Rules 2011 (Cth) r 9.12
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