Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hayes, in the matter of Henry Walker Eltin Group Limited (in liquidation) (No 3) [2014] FCA 722 Citation: Hayes, in the matter of Henry Walker Eltin Group Limited (in liquidation) (No 3) [2014] FCA 722
Parties: JOSEPH DAVID HAYES, ANTHONY GREGORY MCGRATH, SHAUN ROBERT FRASER, HENRY WALKER ELTIN GROUP LIMITED (IN LIQUIDATION) (ACN 007 710 483), HAMISH GIDLEY-BAIRD, ANTHONY HARALDSON, BULUMBA PTY LIMITED (ACN 008 060 240) (IN LIQUIDATION), SIMON ENGINEERING (AUSTRALIA) HOLDINGS PTY LTD (ACN 000 142 165) (IN LIQUIDATION) and SIMON ENGINEERING (AUSTRALIA) PTY LIMITED (ACN 000 117 000) (IN LIQUIDATION)
File number(s): NSD 1799 of 2013
Judge(s): YATES J
Date of judgment: 7 July 2014
Catchwords: CORPORATIONS – application for direction under s 479(3) if the Corporations Act 2001 (Cth) in relation to an ex gratia payment to a director because of assistance provided to liquidators – application for directions under r 1.8(a) of the Federal Court (Corporations) Rules 2000 (Cth) in respect of notice to be given regarding determination of liquidators' remuneration
Legislation: Corporations Act 2001 (Cth) ss 447D, 473, 479, 551 Companies (NSW) Code ss 379, 435 Federal Court (Corporations) Rules 2000 (Cth) rr 1.8, 9.4
Cases cited: Re Addstone Pty Ltd (in liq) (1997) 25 ACSR 357 Re Ansett Australia Ltd and Mentha (2001) 39 ACSR 355 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409 Re Bayswood Pty Ltd (1981) 6 ACLR 107 Re Codisco Pty Ltd [1974] CLC ¶40-126 Deputy Commissioner of Taxation v Best & Less (Wollongong) Pty Ltd (1992) 7 ACSR 245 Re Genoa Resources and Investment Limited (in liq) [2005] NSWSC 1145 Hayes, in the matter of Henry Walker Eltin Group Limited (Subject to Deed of Company Arrangement) [2013] FCA 973 Hayes, in the matter of Henry Walker Eltin Group Limited (Subject to Deed of Company Arrangement) (No 2) [2014] FCA 30 Re Lemon Tree Passage & Districts RSL and Citizens Club Co-Operative Ltd (1987) 11 ACLR 796 Re Mineral Securities Australia Pty Ltd (In liq) [1973] 2 NSWLR 207 Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115 Sanderson; Shiraz Nominees (In liq) v Collinson (1985) 10 ACLR 7 Re Spedley Securities Ltd (In liq) (1992) 9 ACSR 83 Re Statewide Investments Ltd (In liq) (1981) 6 ACLR 265 Re Tietyens Investments Pty Ltd (1999) 31 ACSR 1
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