Sheahan and Lock (Liquidators); In the Matter of B.C.I. Finances Pty Limited (In Liq) [2015] FCA 1487

FEDERAL COURT OF AUSTRALIA

Sheahan and Lock (Liquidators); In the Matter of B.C.I. Finances Pty Limited (In Liq) [2015] FCA 1487 Citation: Sheahan and Lock (Liquidators); In the Matter of B.C.I. Finances Pty Limited (In Liq) [2015] FCA 1487

Parties: JOHN SHEAHAN AND IAN RUSSELL LOCK AS JOINT AND SEVERAL LIQUIDATORS OF B.C.I. FINANCES PTY LIMITED (ACN 055 988 531) (IN LIQUIDATION); IN THE MATTER OF B.C.I. FINANCES PTY LIMITED (IN LIQUIDATION)

File number: SAD 143 of 2014

Judge: FOSTER J

Date of judgment: 22 December 2015

Catchwords: CORPORATIONS – whether the Court should take steps to review and set aside orders made by a Registrar that a corporation which was already in the course of being wound up as a creditor's voluntary winding up should be wound up by the Court in insolvency pursuant to s 459A of the Corporations Act 2001 (Cth) in circumstances where the entity seeking such review is not a party to the relevant proceeding and chose not to appear at the hearing when the Registrar made the impugned orders PRACTICE AND PROCEDURE – whether the Court should join as a party/defendant to liquidators' proceedings an entity which claims to be a creditor of a corporation in liquidation for the purpose of allowing that claimant to bring an application for review of a Registrar's order to wind up the same corporation in insolvency pursuant to s 459A of the Corporations Act 2001 (Cth) pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – whether the Court should undertake such a review pursuant to s 35A(6) of that Act