Battaglia v Provident Capital Limited (In Liquidation) (No 1) [2014] FCA 750

FEDERAL COURT OF AUSTRALIA

Battaglia v Provident Capital Limited (In Liquidation) (No 1) [2014] FCA 750 Citation: Battaglia v Provident Capital Limited (In Liquidation) (No 1) [2014] FCA 750

Parties: STEFANO BRUNO BATTAGLIA v PROVIDENT CAPITAL LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 082 735 573 and PERPETUAL CORPORATE TRUSTEE LIMITED ABN 99 000 341 533

File numbers: NSD 2497 of 2013

Judge: PERRAM J

Date of judgment: 15 July 2014

Legislation: Corporations Act 2001 (Cth) s 491, s 500(2) Property Law Act 1974 (Qld) s 83

Cases cited: Oceanic Life Limited v Insurance and Retirement Planning Services Pty Ltd (in liq) (1993) 11 ACSR 516

Date of hearing: 15 July 2014

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 5

Solicitor for the Applicant: Mr M Watson of Yates Beaggi Lawyers

Counsel for the Respondents: Mr B Koch

Solicitor for the Respondents: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2497 of 2013

BETWEEN: STEFANO BRUNO BATTAGLIA

Applicant

AND: PROVIDENT CAPITAL LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 082 735 573

First Respondent

PERPETUAL CORPORATE TRUSTEE LIMITED ABN 99 000 341 533

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 15 JULY 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to proceed against the first respondent, pursuant to s 500(2) of the Corporations Act 2001 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.