Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited (No 2) [2015] FCA 809 Citation: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited (No 2) [2015] FCA 809
Parties: COECLERICI ASIA (PTE) LTD v GUJARAT NRE COKE LIMITED and SHRI ARUN KUMAR JAGATRAMKA ARMADA (SINGAPORE) PTE LTD (UNDER JUDICIAL MANAGEMENT) v GUJARAT NRE COKE LIMITED
File numbers: NSD 437 of 2013 NSD 644 of 2012
Judge: FOSTER J
Date of judgment: 7 August 2015
Catchwords: PRACTICE AND PROCEDURE – whether receivers appointed by the Court over certain shares for the purpose of enforcing judgments and orders of the Court should have their claim for remuneration and expenses approved by the Court – whether a fund in Court comprising amounts paid into Court from time to time by such receivers should be paid out to the two judgment creditor claimants in equal proportions or substantially in proportion to the value of the judgments obtained
Legislation: Bankruptcy Act 1966 (Cth), s 108 Corporations Act 2001 (Cth), s 555 Federal Court Rules 2011, r 2.42, r 2.43
Cases cited: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Ltd [2013] FCA 882 Gujarat NRE Coke Ltd v Coeclerici Asia (Pte) Ltd (2013) 304 ALR 468 Australian Securities Commission v Melbourne Asset Management Nominees Pty Ltd (1994) 49 FCR 334 Re Global Finance Group Pty Ltd (In Liq) (2002) 26 WAR 385 Trio Capital Ltd (Administrators Appointed) v ACT Superannuation Management Pty Ltd (2010) 79 ACSR 425 Sutherland; Re French Caledonia Travel Service Pty Ltd (In Liq) (2003) 59 NSWLR 361 Warner, in the matter of GTL Tradeup Pty Limited (In Liq) (2015) 104 ACSR 633 Windsor Mortgage Nominees Pty Ltd v Cardwell [1979] ACLC 32,195 (Case No 40-540)
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