Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACN 104 635 369 (in liq) (formerly Total Plant Services Pty Ltd) v Combined Group Management Pty Ltd [2014] FCA 1402 Citation: ACN 104 635 369 (in liq) (formerly Total Plant Services Pty Ltd) v Combined Group Management Pty Ltd [2014] FCA 1402
Parties: ACN 104 635 369 (IN LIQ) (FORMERLY TOTAL PLANT SERVICES PTY LTD) v COMBINED GROUP MANAGEMENT PTY LTD, KAREN STANTON, ALAN PEARS, ANTHONY CIARRONI, DAVID STANTON, HEATHER LYNNE BYRNE, WILLIAM JAMES HAMILTON IN HIS CAPACITY AS FORMER LIQUIDATOR, STEVEN ARTHUR GLADMAN IN HIS CAPACITY AS FORMER LIQUIDATOR, CHRISTOPHER DAMIEN DARIN AND GRAEME ROBERT BEATTIE, IN THEIR CAPACITY AS OFFICIAL LIQUIDATORS, AJ AZZOPARDI INDUSTRIES PTY LTD ACN 060 651 845 and AZBUILD PTY LTD ACN 089 795 639
File number: NSD 658 of 2014
Judge: GLEESON J
Date of judgment: 15 December 2014
Catchwords: CORPORATIONS – application by liquidators for approval of settlement pursuant to s 477(2A) of Corporations Act 2001 (Cth) – where no impropriety or bad faith – application granted PRACTICE AND PROCEDURE – application for adjournment of settlement approval by plaintiff's creditors – where creditors seek to investigate a bank guarantee once held by plaintiff – where no evidence of subsisting cause of action in relation to bank guarantee – application refused
Legislation: Corporations Act 2001 (Cth) s 477(2A), 473, 499, 509, 511, 473(4), 564
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