Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SMP Consolidated Pty Limited (in liquidation) v Posmot Pty Limited (No 2) [2015] FCA 981 Citation: SMP Consolidated Pty Limited (in liquidation) v Posmot Pty Limited (No 2) [2015] FCA 981
Parties: SMP CONSOLIDATED PTY LTD (IN LIQUIDATION) and PHILIP RAYMOND HOSKING IN HIS CAPACITY AS LIQUIDATOR OF SMP CONSOLIDATED PTY LTD (IN LIQUIDATION) v POSMOT PTY LIMITED AS TRUSTEE FOR THE POSMOT SUPER FUND
File number(s): NSD 1266 of 2014
Judge(s): YATES J
Date of judgment: 8 September 2015
Catchwords: CORPORATIONS – application for discharge of receiver and manager – application granted
Legislation: Corporations Act 2001 (Cth) s 109X
Cases cited: SMP Consolidated Pty Limited (in Liquidation) v Posmot Pty Limited [2014] FCA 1382
Date of hearing: Determined on the papers
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Solicitor for the Plaintiffs: Mr P Harrison of Kemp Strang
Counsel for the Defendant: The defendant did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1266 of 2014
BETWEEN: SMP CONSOLIDATED PTY LTD (IN LIQUIDATION)
First Plaintiff
PHILIP RAYMOND HOSKING IN HIS CAPACITY AS LIQUIDATOR OF SMP CONSOLIDATED PTY LTD (IN LIQUIDATION)
Second Plaintiff
AND: POSMOT PTY LIMITED AS TRUSTEE FOR THE POSMOT SUPER FUND
Defendant
JUDGE: YATES J DATE OF ORDER: 8 SEPTEMBER 2015 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Philip Raymond Hosking be discharged as receiver and manager of the assets of the SMP Trust. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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