Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Marra Capital Investments Pty Ltd, in the matter of Tri-City Trucks (NSW) Pty Ltd (in liq) [2017] FCA 1482 File number: NSD 91 of 2017
Judge: GLEESON J
Date of judgment: 11 December 2017
Catchwords: CORPORATIONS – application for a declaration pursuant to liquidator's entitlement to apply for judicial directions under s 479(3) of the Corporations Act 2001 (Cth) – application for declaration that defendant is not a creditor of a company in liquidation – application granted
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 Bofinger v Kingsway Group Ltd [2009] HCA 44; (2009) 239 CLR 269 Electrical Enterprises Retail Pty Ltd v Rodgers (1988) 15 NSWLR 473 at 489 Manzi v Smith [1975] HCA 35; (1975) 132 CLR 671 at 674 Re GB Nathan & Co Pty Ltd (1991) 24 NSWLR 674 Re ICS Real Estate Pty Ltd (in liq) [2014] NSWSC 47 Re Rolcross Pty Ltd (in liq) [2012] NSWSC 846 Re Willmott Forests Ltd (No 2) [2012] VSC 125
Date of hearing: 27, 28 April, 6, 7 June 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: 93
Counsel for the Plaintiff: Mr DR Stack
Solicitor for the Plaintiff: Watson Mangioni Lawyers
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