Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
640 The Esplanade Pty Ltd v Splash Bay Pty Ltd [2016] FCA 1079 File number: QUD 851 of 2015
Judge: MARKOVIC J
Date of judgment: 30 August 2016
Catchwords: PRACTICE AND PROCEDURE – Application for adjournment of hearing of application to wind up – where the application was made on the morning of the hearing – where no sufficient explanation for delay and the effect on creditors as a whole is unclear – application dismissed
Legislation: Companies (New South Wales) Code s 431 Corporations Act 2001 s 547 Federal Court Act of Australia 1976 (Cth) s 37M
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 New South Wales Rugby League v United Telecasters Sydney Ltd (1991) 4 ACSR 510 Wilson v PLT Pipetech Pty Ltd (1988) 14 ACLR 697 Tamaya Resources Limited (in liq) vs Deloitte Touche Tohmatsu (A firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Tamaya Resources Limited (in liq) vs Deloitte Touche Tohmatsu (A firm) (2016) FCAFC 2
Date of hearing: 30 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 23
Counsel for the Plaintiff: Mr C F O'Meara
Solicitor for the Plaintiff: Hillhouse Burrough McKeown Solicitors
Counsel for the Defendant: Mr N J Shaw
Solicitor for the Defendant: Johanson Lawyers
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