Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lo Pilato, in the matter of CAL Consulting Pty Ltd (in liq) v CAL Consulting Pty Ltd (in liq) [2016] FCA 1170 File number(s): ACD 48 of 2016
Judge(s): JAGOT J
Date of judgment: 23 September 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – liquidator's conflict of interest – utility and expense of independent liquidator – directions authorising admission of profits of debt
Legislation: Corporations Act 2001 (Cth)
Date of hearing: 23 September 2016
Registry: Australian Capital Territory
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 G Blank
Solicitor for the Plaintiff: Trinity Law Pty Ltd
Counsel for the Defendant: The defendant did not appear
ORDERS ACD 48 of 2016
BETWEEN: FRANK LO PILATO IN HIS CAPACITY AS LIQUIDATOR FOR CAL CONSULTING PTY LTD (IN LIQUIDATION) (ABN 76 100 941 400) Plaintiff
AND: CAL CONSULTING PTY LTD (IN LIQUIDATION) (ABN 76 100 941 400) Defendant
JUDGE: JAGOT J DATE OF ORDER: 23 SEPTEMBER 2016
THE COURT ORDERS THAT:
1. The plaintiff is justified in not engaging an independent liquidator for ACN 114 250 529 Pty Limited (In Liquidation) (Ignetik) and Purple Consulting Pty Ltd (In Liquidation) (ACN 113 982 193) (Purple) for the purposes of assessing and admitting the formal proofs of debt lodged with the liquidator of CAL Consulting Pty Ltd (In Liquidation) (ABN 78 100 941 400) (CAL) on behalf of Ignetik and Purple. 2. The plaintiff is justified in admitting the formal proofs of debt for dividends for the creditors listed in Schedule A. 3. The plaintiff is justified to continue with the winding up of CAL. 4. The plaintiff's costs of and incidental to this application are costs properly incurred in the liquidations of CAL or otherwise. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. SCHEDULE A
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