Complete Constructions (Aust) Pty Limited v Jeff Manny Pty Limited (In Liquidation), In the matter of Jeff Manny Pty Limited (In Liquidation) [2014] FCA 293

FEDERAL COURT OF AUSTRALIA

Complete Constructions (Aust) Pty Limited v Jeff Manny Pty Limited (In Liquidation), In the matter of Jeff Manny Pty Limited (In Liquidation) [2014] FCA 293 Citation: Complete Constructions (Aust) Pty Limited v Jeff Manny Pty Limited (In Liquidation), In the matter of Jeff Manny Pty Limited (In Liquidation) [2014] FCA 293

Parties: IN THE MATTER OF JEFF MANNY PTY LIMITED (IN LIQUIDATION) (ACN 097 755 916) COMPLETE CONSTRUCTIONS (AUST) PTY LIMITED (ACN 085 957 204) v JEFF MANNY PTY LIMITED (ACN 097 755 916)

File number: ACD 22 of 2012

Judge: FOSTER J

Date of judgment: 27 March 2014

Catchwords: CORPORATIONS – whether the Court should stay the winding up of the defendant upon the application of a creditor and contributory pursuant to s 482 of the Corporations Act 2001 (Cth) – whether, in the alternative, the Court could and should set aside the winding up order made against the defendant.

Legislation: Corporations Act 2001 (Cth), ss 459A, 459C, 459P, 471A and 482 Corporations Regulations 2001 (Cth) Federal Court of Australia Act 1976 (Cth), s 35A Federal Court Rules 2011, rr 3.11, 30.21 Federal Court (Corporations) Rules 2000, r 16.1(1) and (2)

Cases cited: Ace Contractors and Staff Pty Limited v Westgarth Development Pty Limited [1999] FCA 728 followed Complete Constructions Australia Pty Ltd v Jeff Manny Pty Ltd [2011] ACTSC 99 cited In the Matter of GFK & Sons Pty Limited; Workers Compensation Nominal Insurer v GFK & Sons (Balmain) Pty Limited [2010] FCA 953 cited El-Fahkri v Elfah Pty Limited (In Liquidation) [2002] FCA 1469 cited Metledge v Banbakit Pty Limited (205) NSWSC 160 at [5] followed Re Warbler Pty Ltd (1982) 6 ACLR 526 followed