Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield v Real Estate Now Pty Ltd (Subject to Deed of Company Arrangement) [2017] FCA 1083 File number: QUD 951 of 2016
Judge: REEVES J
Date of judgment: 12 September 2017
Catchwords: CORPORATIONS – application for winding up under s 459Q of the Corporations Act 2001 (Cth) on the ground of insolvency – failure of applicant to comply with procedural requirements for winding up application – where application was filed outside the period of presumed insolvency under s 459C(2)(a) of the Corporations Act 2001 (Cth) Held: application dismissed
Legislation: Corporations Act 2001 (Cth) Federal Court (Corporations) Rules 2000 (Cth)
Cases cited: Pinn v Barroleg Pty Ltd (1997) 138 FLR 417 Sheslow v Diamond Rose NL (2005) 54 ACSR 376; [2005] NSWSC 492 Woodgate v Garard Pty Ltd (2010) 239 FLR 339; [2010] NSWSC 508 Assaf, F, Statutory demands and winding up in insolvency (2nd ed, LexisNexis Butterworths, 2012)
Date of hearing: 13 April 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the Respondent: Mr C Cliff of Mills Oakley
ORDERS QUD 951 of 2016
BETWEEN: IAN WALTER BROOKFIELD Applicant
AND: REAL ESTATE NOW PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ABN: 50 153 307 432 Respondent
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