Albarran v Geshrai Pty Ltd [2016] FCA 350

FEDERAL COURT OF AUSTRALIA

Albarran v Geshrai Pty Ltd [2016] FCA 350 File number(s): QUD 227 of 2016

Judge(s): GREENWOOD J

Date of judgment: 5 April 2016

Catchwords: CORPORATIONS – consideration of an application under s 447A(1) to vary the operation of Part 5.3A of the Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth), ss 447A, 449C, Part 5.3A

Cases cited: Australasian Memory Pty Limited v Brien, (2000) 200 CLR 270 - cited

Date of hearing: 5 April 2016

Date of last submissions: 5 April 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-Area Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 1

Solicitor for the Applicant: Taylor David Lawyers

ORDERS QUD 227 of 2016

BETWEEN: RICHARD ALBARRAN AND MOHAMMED SHAHIN HUSSAIN AS JOINT AND SEVERAL ADMINISTRATORS OF GESHRAI PTY LTD (ADMINISTRATORS APPOINTED) ACN 099 304 088 Applicant

AND: GESHRAI PTY LTD (ADMINISTRATORS APPOINTED) ACN 099 304 088 Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 5 APRIL 2016

THE COURT ORDERS THAT:

1. Pursuant to section 447A (1) of the Corporations Act (the 'Act') that: (a) section 449C(1)(c) of the Act has been satisfied by the making of this order and the resignation of Richard Albarran and Mohammed Shahin Hussain as Joint and Several Administrators of Geshrai Pty Ltd (Administrators Appointed) ACN 099 304 088 is effected; and (b) section 449C(1) of the Act be modified to provide that when an Administrator resigns, the Court may appoint someone else in his or her place. 2. Pursuant to Order 1(b) above, that Domenic Calabretta be appointed as Administrator of Geshrai Pty Ltd (Administrators Appointed) ACN 099 304 088. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.