Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Townview Holdings Pty Ltd v Sunstate Design & Construct Pty Ltd [2012] FCA 1296 Citation: Townview Holdings Pty Ltd v Sunstate Design & Construct Pty Ltd [2012] FCA 1296
Parties: TOWNVIEW HOLDINGS PTY LTD ACN 056 047 897 v SUNSTATE DESIGN & CONSTRUCT PTY LTD ACN 120 826 271
File number(s): QUD 556 of 2012
Judges: GREENWOOD J
Date of judgment: 16 November 2012
Catchwords: INSOLVENCY – consideration of an application for a winding up order
Legislation: Acts Interpretation Act 1901 (Cth), s 25C Corporations Act 2001 (Cth), ss 9, 459E, 459P Corporations Amendment Regulations 2007 (No. 13) (Cth), Regulation 4(2), Item 49 of Schedule 1, Form 509H
Date of hearing: 16 November 2012
Date of last submissions: 16 November 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Plaintiff: Mr Brown
Solicitor for the Plaintiff: Ms Owen, Swift Solicitors
Counsel for the Defendant: Mr Matthews
Solicitor for the Defendant: Mr Lodder, Romans and Romans Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 556 of 2012
IN THE MATTER OF SUNSTATE DESIGN & CONSTRUCT PTY LTD Acn 120 826 271 BETWEEN: TOWNVIEW HOLDINGS PTY LTD ACN 056 047 897
Plaintiff
AND: SUNSTATE DESIGN & CONSTRUCT PTY LTD
ACN 120 826 271
Defendant
JUDGE: GREENWOOD J DATE OF ORDER: 16 NOVEMBER 2012 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The winding up application is dismissed. 2. The plaintiff pay the defendant's costs of and incidental to the application for the winding up order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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