Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Saward v J & A Saward Developments Pty Ltd [2012] FCA 404 Citation: Saward v J & A Saward Developments Pty Ltd [2012] FCA 404
Parties: JASON RAYMOND SAWARD and ATHOL RAYMOND SAWARD v J & A SAWARD DEVELOPMENTS PTY LTD (RECEIVERS APPOINTED) (ACN 109 526 614), MICHAEL FUNG, KATHRYN GUINEVERE BARWICK and NATIONAL AUSTRALIA BANK LIMITED (ABN 12 044 937)
File number: VID 254 of 2012
Judge: BROMBERG J
Date of judgment: 30 March 2012
Catchwords: BANKRUPTCY AND INSOLVENCY – s 1321 of the Corporations Act 2001 (Cth) – interlocutory application to restrain sale of properties by receivers – whether receivers' conduct is unreasonable – application dismissed.
Legislation: Corporations Act 2001 (Cth) s 1321 Federal Court (Corporations) Rules r 14.1
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Securities and Investments Commission v Forestview Nominees Proprietary Limited (Receivers and Managers Appointed) [2006] FCA 1530 Re Equity Funds of Australia (In Liquidation) (1976) 2 ACLR 238 Acer Computer Australia Pty Ltd v Carter (No. 2) [2007] FCA 1943
Date of hearing: 27 and 29 March 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Plaintiffs: Mr D Crennan
Solicitor for the Plaintiffs: Rod Glover Legal
Counsel for the Defendants: Mr C Salpigtidis
Solicitor for the Defendants: Thomsons Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 254 of 2012
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