Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gosford City Council v Parbery (Liquidator); In the Matter of Lehman Brothers Australia Ltd (In Liq) (Scheme Administrators Appointed) [2016] FCA 353 File number: NSD 324 of 2015
Judge: FOSTER J
Date of judgment: 11 April 2016
Catchwords: CONTRACT – whether, upon the true construction of a Court-approved claims resolution process which was subsequently incorporated into a deed between the claimant Municipal Council and the liquidators of Lehman Brothers Australia Limited, certain calculations in respect of the Council's proof of debt effected by an independent adjudicator and accepted by those liquidators, were correctly made
Legislation: Corporations Act 2001 (Cth), ss 411(4)(b), 477(2B), 479(3), 1321
Cases cited: City of Swan v Lehman Brothers Australia Ltd (2009) 179 FCR 243 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640
Date of hearing: 20 July 2015
Date of last submissions: 21 July 2015
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 86
Counsel for the Plaintiff: Mr BW Walker SC and Ms F Ashworth
Solicitor for the Plaintiff: Johnson Winter & Slattery
Counsel for the Defendants: Mr R Beasley SC and Mr S Nixon
Solicitor for the Defendants: Ashurst Australia
ORDERS NSD 324 of 2015 IN THE MATTER OF LEHMAN BROTHERS AUSTRALIA LTD (ACN 066 797 760) (IN LIQUIDATION) (SCHEME ADMINISTRATORS APPOINTED) BETWEEN: GOSFORD CITY COUNCIL Plaintiff
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