Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Woods v Harrison, in the matter of Telco Service Holdings Pty Ltd (in liquidation) [2017] FCA 732 File number: VID 1116 of 2016
Judge: BEACH J
Date of judgment: 28 June 2017
Catchwords: CORPORATIONS – Mareva receiver – scope of ss 23 and 57 of the Federal Court of Australia Act 1976 (Cth) – relevance of equitable jurisdiction to appoint a receiver – judicial appointment of interim receiver – whether to discharge interim receiver – whether to appoint liquidator in place of interim receiver – application for the appointment of a liquidator under ss 420(2)(u) and 461(1)(k) of the Corporations Act 2001 (Cth) – application granted
Legislation: Corporations Act 2001 (Cth) ss 420, 434B, 461, 462, 465A, 1323 Federal Court of Australia Act 1976 (Cth) ss 23, 57 Federal Court Rules 2011 (Cth) r 14.21
Cases cited: National Australia Bank Ltd v Bond Brewing Ltd [1991] 1 VR 386 The Commonwealth of Australia v ABC2 Group Pty Ltd (Court-appointed receivers and managers appointed) [2009] NSWSC 1442 University of Western Australia v Gray (No 6) [2006] FCA 1825
Date of hearing: 23 and 28 June 2017
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