Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carson, in the matter of Hastie Group Limited (No 4) [2012] FCA 968 Citation: Carson, in the matter of Hastie Group Limited (No 4) [2012] FCA 968
Parties: IAN MENZIES CARSON, DAVID LAURENCE MCEVOY AND CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040, HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
File number: NSD 749 of 2012
Judge: EMMETT J
Date of judgment: 16 August 2012
Legislation: Corporations Act 2001 (Cth) ss 437A(1)(d), 438A, 449E(1), 459P, 461(1)(k), 462(2)(a), 465A, 467(3)(b), Part 5.3A
Date of hearing: 16 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 38
Counsel for the plaintiffs: J Hynes
Solicitor for the plaintiffs: Henry Davis York
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 749 of 2012
BETWEEN: IAN MENZIES CARSON, DAVID LAURENCE MCEVOY AND CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040
First to Third Plaintiffs
HASTIE GROUP LIMITED (ADMINISTRATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
Fourth to Forty-Seventh Plaintiffs
JUDGE: EMMETT J DATE OF ORDER: 16 AUGUST 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The plaintiffs be granted leave to file an interlocutory process in the form initialled and dated by Emmett J. 2. The interlocutory process be returnable instanter before Emmett J. 3. In relation to Hastie Saudi Pty Limited (administrators appointed) ACN 133 090 490: a. pursuant to section 447A(1) of the Corporations Act 2001 (Cth) (the Act), the administration of the company is to end; b. the administrators' remuneration and the payment for disbursements in respect of the company for the period 28 May 2012 to 10 August 2012 be fixed in the amount of $40,375.08; c. pursuant to section 461(1)(k) of the Act, the company be wound up on the ground that it is just and equitable; d. Ian Menzies Carson, David Laurence McEvoy and Craig David Crosbie be appointed joint and several liquidators of the company; e. the requirements contained in s 465A of the Act be dispensed with, pursuant to s. 467(3)(b) of the Act; f. the requirements contained in r 9.2(2) of the Federal Court (Corporations) Rules 2000 (Cth) be dispensed with; and g. the costs of the application be the costs in the administration of the company. 4. In relation to Hastie International Pty Limited (administrators appointed) ACN 116 080 838: a. pursuant to section 447A(1) of the Act, the administration of the company is to end; b. the administrators' remuneration and the payment for disbursements in respect of the company for the period 28 May 2012 to 10 August 2012 be fixed in the amount of $198,849.46; c. pursuant to section 459P of the Act, the company be wound up in insolvency; d. Ian Menzies Carson, David Laurence McEvoy and Craig David Crosbie be appointed joint and several liquidators of the company; e. the requirements contained in s 465A of the Act be dispensed with, pursuant to s 467(3)(b) of the Act; f. the requirements contained in r 9.2(2) of the Federal Court (Corporations) Rules 2000 (Cth) be dispensed with; and g. the costs of the application be the costs in the administration of the company. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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