Australian Securities and Investments Commission v Continental Coal Limited (No 2) [2016] FCA 1076

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Continental Coal Limited (No 2) [2016] FCA 1076 File number: WAD 119 of 2016

Judge: BARKER J

Date of judgment: 27 May 2016

Catchwords: CORPORATIONS – winding up – whether company should be wound up on just and equitable ground

Legislation: Corporations Act 2001 (Cth) s 461(1)(k)

Cases cited: Australian Securities and Investments Commission v Continental Coal Limited [2016] FCA 416

Date of hearing: 27 May 2016

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 20

Counsel for the Plaintiff: Mr PD Yovich SC with Ms IJ McCormick

Solicitor for the Plaintiff: Australian Securities and Investments Commission

Counsel for the Defendant: Mr PW van der Zanden

Solicitor for the Defendant: Hotchkin Hanly Lawyers

ORDERS WAD 119 of 2016

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Plaintiff

AND: CONTINENTAL COAL LIMITED (ACN 009 125 651) Defendant

JUDGE: BARKER J DATE OF ORDER: 27 MAY 2016

THE COURT ORDERS THAT:

1. Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth), the defendant, Continental Coal Limited (ACN 009 125 651), be wound up. 2. Pursuant to s 472(1) of the Act, Mr Robert Michael Kirman of McGrathNicol, of Level 17, 37 St Georges Terrace, in the State of Western Australia, be appointed liquidator of the defendant. 3. The plaintiff's costs of the winding up application including all reserved costs/costs in the cause be taxed and be reimbursed out of the property of the defendant in accordance with s 466(2) of the Act. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.