Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walker and Moloney v CBA Corporate Services (NSW) Pty Limited [2012] FCA 328 Citation: Walker and Moloney v CBA Corporate Services (NSW) Pty Limited [2012] FCA 328
Parties: PETER WALKER AND GREGORY MOLONEY IN THEIR CAPACITY AS LIQUIDATORS OF ZYX LEARNING CENTRES LIMITED (FORMERLY A.B.C. LEARNING CENTRES LIMITED) (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION) ACN 079 736 664 AND OF THE COMPANIES LISTED IN SCHEDULE 1 and ZYX LEARNING CENTRES LIMITED (FORMERLY A.B.C. LEARNING CENTRES LIMITED) (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION) ACN 079 736 664 AND THE COMPANIES LISTED IN SCHEDULE 1 v CBA CORPORATE SERVICES (NSW) PTY LIMITED ABN 25 072 765 434 AND THE COMPANIES LISTED IN SCHEDULE 2
File numbers: NSD 1500 of 2011 NSD 496 of 2012
Judge: NICHOLAS J
Date of judgment: 5 April 2012
Catchwords: CORPORATIONS – application for extension of time under s 588FF(3)(b) of Corporations Act 2001 (Cth) (the Act) – whether appropriate to grant extension and if so for how long – relevant considerations CORPORATIONS – application pursuant to s 459A of the Act for order that companies already the subject of voluntary winding up be wound up in insolvency – where sole purpose for seeking such order is to enable liquidators to rely upon s 588FJ – relevant considerations CORPORATIONS – whether necessary for party seeking order under s 459A to adduce evidence of insolvency as at relation-back day – relevance of lack of such evidence to exercise of discretion under s 459A
Legislation: Corporations Act 2001 (Cth) ss 95A(1), 95A(2), 459A, 459P(1), 459R(1), 467B, 513A, 588FE, 588FF, 588FJ
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