Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carson, in the matter of Hastie Group Limited (No 5) [2012] FCA 1174 Citation: Carson, in the matter of Hastie Group Limited (No 5) [2012] FCA 1174
Parties: IAN MENZIES CARSON, DAVID LAURENCE MCEVOY and CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF HASTIE GROUP LIMITED (LIQUIDATORS APPOINTED) ABN 76 112 803 040, HASTIE GROUP LIMITED (LIQUIDATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
File number: NSD 749 of 2012
Judge: EMMETT J
Date of judgment: 14 September 2012
Legislation: Corporations Act 2001 (Cth) ss 477(2A), 477(2B)
Cases cited: Carson, in the matter of Hastie Group Limited (No 4) [2012] FCA 968
Date of hearing: 14 September 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 16
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
IAN MENZIES CARSON, DAVID LAURENCE MCEVOY and CRAIG DAVID CROSBIE IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF HASTIE GROUP LIMITED (LIQUIDATORS APPOINTED) ABN 76 112 803 040
First to Third Plaintiffs
HASTIE GROUP LIMITED (LIQUIDATORS APPOINTED) ABN 76 112 803 040 and 43 OTHERS
Fourth to Forty-Seventh Plaintiffs
JUDGE: EMMETT J DATE OF ORDER: 14 SEPTEMBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The interlocutory process be returnable instanter before Emmett J. 2. Pursuant to Rule 9.05 of the Federal Court Rules 2011 (Cth), Ian Menzies Carson, David Laurence McEvoy and Craig David Crosbie, in their capacity as joint and several liquidators of Hastie International Pty Limited (in liquidation) (Liquidators), be joined as plaintiffs to the proceeding. 3. Pursuant to s 477(2B) of the Corporations Act 2001 (Cth) (the Act), the Liquidators or one of them would be justified in entering into, for and on behalf of Hastie International Pty Limited (in liquidation), the agreement with Hill International (Middle East) Limited in the form of the agreement appearing at annexure DLM7 to the affidavit of David Laurence McEvoy sworn 14 September 2012. 4. Pursuant to s 477(2B) of the Act, the Liquidators or one of them would be justified in executing the Power of Attorney in the form of the power of attorney appearing at annexure DLM8 to the affidavit of David Laurence McEvoy sworn 14 September 2012. 5. The documents appearing as annexures to the affidavit of David Laurence McEvoy sworn 14 September 2012 be returned to the solicitors for the plaintiffs. 6. The interlocutory process filed 14 September 2012 be adjourned to 19 October 2012. 7. The costs of the application be costs in the liquidation of Hastie International Pty Limited (in liquidation). 8. The proceedings be listed for directions on 19 October 2012 and the directions hearing listed on 27 September 2012 be vacated. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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