Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) [2017] FCA 747

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) [2017] FCA 747 File number(s): WAD 230 of 2017

Judge(s): SIOPIS J

Date of judgment: 14 June 2017

Catchwords: CORPORATIONS – whether the applicant should have leave to commence a proceeding against a company which is subject to a deed of company arrangement.

Legislation: Corporations Act 2001 (Cth) ss 444E(3), 444E(3)(c)

Cases cited: Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) [2016] FCA 1246

Date of hearing: 14 June 2017

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 15

Counsel for the Applicant: Mr SM Davies SC and Mr D Holmes

Solicitor for the Applicant: Norton Rose Fulbright Australia

ORDERS WAD 230 of 2017

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: GEOWASH PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) (ACN 153 078 776) First Respondent

SANAM ALI Second Respondent

CHARLES EDWARD CAMERON Third Respondent

JUDGE: SIOPIS J DATE OF ORDER: 14 JUNE 2017

THE COURT ORDERS THAT:

1. The applicant has leave pursuant to s 444(3)(c) of the Corporations Act 2001 (Cth) to commence a proceeding against the first respondent. 2. The applicant has leave to file the originating process in Federal Court of Australia proceeding No WAD 230 of 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.