Stokes, in the matter of Padbury Mining Limited [2016] FCA 1000

FEDERAL COURT OF AUSTRALIA

Stokes, in the matter of Padbury Mining Limited [2016] FCA 1000 File number(s): WAD 303 of 2015

Judge(s): SIOPIS J

Date of judgment: 19 August 2016

Catchwords: CORPORATIONS – disqualification of a person from managing a corporation - application under s 206G(1) of the Corporations Act 2001 (Cth) for leave to manage a corporation – non-compliance with notice provision under s 206G(2) of the Corporations Act.

Legislation: Corporations Act 2001 (Cth) ss 206C, 206G, 206G(1), 206G(2), 1322(4)(a), 1322(6)(a)(iii), 1322(6)(c)

Cases cited: Nenna v Australian Securities and Investments Commission (2011) 198 FCR 32

Date of hearing: 19 August 2016

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Ms H Atkins

Solicitor for the Applicant: Herbert Smith Freehills

ORDERS WAD 303 of 2015 IN THE MATTER OF PADBURY MINING LIMITED (ACN 009 076 242) GARY WAYNE STOKES Applicant

JUDGE: SIOPIS J DATE OF ORDER: 19 AUGUST 2016

THE COURT DECLARES THAT:

1. This application under s 206G(1) of the Corporations Act 2001 (Cth) is not invalid by reason of non-compliance with s 206G(2). THE COURT ORDERS THAT: 2. Gary Wayne Stokes have leave to manage G W Stokes Pty Ltd (ACN 160 938 714) on the condition that G W Stokes Pty Ltd not engage in activities other than as trustee of the G W Stokes Super Fund (ABN 33 948 010 382). 3. There be no order as to the costs of this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.