Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bumbak, in the matter of the Corporations Act 2001 (Cth) [2018] FCA 928 File number: WAD 248 of 2018
Judge: COLVIN J
Date of judgment: 14 June 2018
Catchwords: CORPORATIONS - application for appointment of new liquidator upon resignation of existing liquidator - where change in partnership by liquidator - where appointment of new liquidator sought to facilitate ongoing administration of liquidation by staff familiar with relevant affairs - where issues as to supervision of liquidation under a power of attorney were raised by ASIC - order sought pursuant to s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) - application granted - liberty to creditors to apply to vary orders made - costs not to be borne by companies affected by orders
Legislation: Corporations Act 2001 (Cth) ss 477(2)(k), 502, 503, Schedule 2 s 90-15
Cases cited: City & Suburban Pty Ltd v Smith [1998] FCA 822 Re an application of Vouris & Godfrey [2004] NSWSC 384 Rocke (as liquidator of ACN 080 794 636 Pty Ltd), In the matter of ss 502 and 506(4) of the Corporations Act [2007] FCA 1687
Date of hearing: 14 June 2018
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 25
Counsel for the Plaintiffs: Ms AJ Robertson
Solicitor for the Plaintiffs: Lavan
ORDERS WAD 248 of 2018 IN THE MATTER OF THE CORPORATIONS ACT 2001 (CTH) SCHEDULE 2, PARTS 90-15 AND 90-20
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