Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hooke v Bux Global Limited (No 6) [2018] FCA 1545 File number: WAD 644 of 2017
Judge: COLVIN J
Date of judgment: 11 October 2018
Catchwords: CORPORATIONS - application to wind up company on just and equitable grounds - winding up order made CORPORATIONS - application by administrator to be appointed as liquidator - winding up order made on basis of matters including evidence of misconduct by directors - whether administrator appointed by directors would be independent and seen to be independent - consideration of matters bearing upon whether administrator would be seen to be independent - appearance of requisite independence not demonstrated - application dismissed - provisional liquidators appointed as liquidators
Legislation: Corporations Act 2001 (Cth) ss 461(1)(k), 462(2), 466(2)
Cases cited: Advance Housing Pty Ltd (in liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230 Australian Securities and Investments Commission v Bilkurra Investments Pty Ltd [2016] FCA 371 Bux Global Limited v Hooke [2018] FCA 882 Deputy Commissioner of Taxation v Barroleg Pty Ltd [1997] NSWSC 428; (1997) 25 ACSR 167 Hooke v Bux Global Limited [2018] FCA 740 Re Allebart Pty Ltd (in liq) [1971] 1 NSWLR 24 Re National Safety Council of Australia [1990] VR 29
Date of hearing: 11 October 2018
Registry: Western Australia
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