Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Conlan v Pratt [2013] FCA 19 Citation: Conlan v Pratt [2013] FCA 19
Parties: MARK ANTHONY CONLAN v MICHAEL ANTHONY ROBERT PRATT and SOUTHLAND AGRIBUSINESS HOLDINGS PTY LTD ACN 109 068 242
File number: WAD 52 of 2012
Judge: MCKERRACHER J
Date of judgment: 17 January 2013
Catchwords: CORPORATIONS – application by liquidator for declaration pursuant to s 468(1) of the Corporations Act 2001 (Cth) that sale of a truck after commencement of winding up was void – consideration of whether it was appropriate to exercise Court's discretion not to make the declaration – whether purchaser of the truck acted in good faith and made adequate enquiries as to ownership of the truck on the facts – reliance by purchaser on representations made by a third party purportedly acting under power of attorney
Legislation: Corporations Act 2001 (Cth) s 468(1)
Cases cited: Carringbush Corporation Pty Ltd v Australian Securities and Investments Commission (2008) 72 ATR 17 Jardio Holdings Pty Ltd v Dorcon Constructions Pty Ltd (1984) 3 FCR 311 Pilmer v HIH Casualty & General Insurance Ltd (No 2) (2004) 212 ALR 636 Re Terene Pty Ltd (In Liq) (1992) 7 ACSR 309
Date of hearing: 5 November 2012
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant: PN Poliwka
Solicitor for the Applicant: HopgoodGanim
Counsel for the Respondents: MRA Pratt appeared in person for the respondents
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 52 of 2012
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