Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v MacLean Bay Pty Ltd [2013] FCA 86 Citation: Commonwealth of Australia v MacLean Bay Pty Ltd [2013] FCA 86
Parties: COMMONWEALTH OF AUSTRALIA v MACLEAN BAY PTY LTD (ACN 106 012 748)
File number(s): NSD 1877 of 2012
Judge: MIDDLETON J
Date of judgment: 6 February 2013
Catchwords: CORPORATIONS – INSOLVENCY – Winding up – Failure to comply with statutory demand – Application to adjourn winding up pending determination of appeal – Sufficiency of evidence before Court as to insolvency of company and future prospects
Legislation: Corporations Act 2001 (Cth), ss 467(1), 459S
Cases cited: Braams Group Pty Ltd v Miric [2002] NSWCA 417 Crema (Vic) Pty Ltd v Land Mark Property Developments (Vic) Pty Ltd [2006] VSC 338
Date of hearing: 6 February 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Plaintiff: Mr S Maiden
Solicitor for the Plaintiff: Office of the Fair Work Ombudsman
Solicitor for the Defendant: Mr J Wright of Colwell Wright Solicitors
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION NSD 1877 of 2012
BETWEEN: COMMONWEALTH OF AUSTRALIA
Plaintiff
AND: MACLEAN BAY PTY LTD (ACN 106 012 748)
Defendant
JUDGE: MIDDLETON J DATE OF ORDER: 6 FEBRUARY 2013 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for an adjournment of the proceeding by the Defendant be refused. 2. MacLean Bay Pty Ltd (ACN 106 012 748) be wound up in insolvency under the provisions of the Corporations Act 2001 (Cth). 3. Mark Pearce be appointed liquidator of the company. 4. The plaintiff's costs be reimbursed in accordance with section 466(2) of the Corporations Act 2001 (Cth). 5. The time for compliance with section 470(1)(a) of the Corporations Act 2001 (Cth) be extended to 16 January 2013. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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