Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kreab Gavin Anderson (Australia) Ltd, in the matter of Kreab Gavin Anderson (Australia) Ltd [2017] FCA 300 File number: NSD 218 of 2017
Judge: YATES J
Date of judgment: 21 February 2017
Catchwords: CORPORATIONS – Application for winding up of foreign company under Part 5.7 of the Corporations Act 2001 (Cth) – appointment of joint and several provisional liquidators
Legislation: Corporations Act 2001 (Cth), Part 5.7, s 436A, Part 5.3A, s 532(2)(b) Personal Property Securities Act 2009 (Cth)
Cases cited: Re Reef Cove Resort Limited [2009] QSC 378 Peninsular Group Ltd v Kintsu Co Ltd (1998) 44 NSWLR 534
Date of hearing: 21 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 18
Solicitor for the Plaintiff: Mr M Mathas of Norton Rose Fulbright
ORDERS NSD 218 of 2017 IN THE MATTER OF KREAB GAVIN ANDERSON (AUSTRALIA) LTD ARBN 003 287 643 KREAB GAVIN ANDERSON (AUSTRALIA) LTD ARBN 003 287 643 Plaintiff
JUDGE: YATES J DATE OF ORDER: 21 FEBRUARY 2017
THE COURT NOTES THAT: 1. The plaintiff by its solicitors undertakes to the Court to file the interlocutory process dated 17 February 2017 (the interlocutory process) forthwith and to pay the filing fee in respect thereof. THE COURT ORDERS THAT: 2. The interlocutory process be returnable instanter. 3. Simon John Thorn and Bradley John Tonks be granted leave to seek to be appointed as joint and several provisional liquidators of the plaintiff, pursuant to section 532(2)(b) of the Corporations Act 2001 (Cth) (the Act). 4. Until further order, pursuant to sections 472(2) and 582 of the Act, Simon John Thorn and Bradley John Tonks be appointed joint and several liquidators provisionally of the plaintiff with the powers of a liquidator under section 477 of the Act. 5. Costs of the interlocutory application be reserved. 6. Leave be granted to any person showing sufficient interest to move to discharge Order 4 on 24 hours' notice. 7. The proceeding be listed for a case management hearing on a date to be appointed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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