Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AJ Azzopardi Industries Pty Ltd v ACN 104 635 369 (formerly known as Total Plant Services Pty Ltd) (in liquidation) [2014] FCA 710 Citation: AJ Azzopardi Industries Pty Ltd v ACN 104 635 369 (formerly known as Total Plant Services Pty Ltd) (in liquidation) [2014] FCA 710
Parties: AJ AZZOPARDI INDUSTRIES PTY LTD (ACN 060 651 845) v ACN 104 635 369 PTY LTD FORMERLY KNOWN AS TOTAL PLANT SERVICES PTY LTD (IN LIQUIDATION) ACN 104 635 369, STEPHEN ARTHUR GLADMAN IN HIS CAPACITY AS FORMER LIQUIDATOR OF FIRST DEFENDANT and WILLIAM JAMES HAMILTON
File number(s): NSD 2065 of 2013
Judge(s): FARRELL J
Date of judgment: 3 July 2014
Catchwords: CORPORATIONS – insolvency – resignation and replacement of suspended liquidator – applications pursuant to ss 502 and 503 of the Corporations Act 2001 (Cth) – replacement liquidator member of nascent partnership with suspended liquidator – suspended liquidator to manage day-to-day operation of liquidation – whether appointment would undermine Companies Auditors and Liquidators Disciplinary Board – purpose of suspension
Legislation: Corporations Act 2001 (Cth)
Cases cited: Re Militto's Transport Pty Ltd (in liq) (2006) 61 ACSR 356 Re Rosaub Pty Ltd (in liq) [2005] NSWSC 689
Date of hearing: 30 May 2014, 3 June 2014, 6 June 2014, 13 June 2014, 26 June 2014
Date of last submissions: 26 June 2014
Place: Sydney
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