Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutchins, in the matter of Ardenberg Pty Ltd (in liq) (Administrators Appointed) [2018] FCA 1586 File number: NSD 382 of 2018
Judge: MARKOVIC J
Date of judgment: 13 August 2018
Date of publication of reasons: 23 October 2018
Catchwords: CORPORATIONS – application for a temporary stay of the winding up of a company and the receivership of a trust – where not all creditors and contributories of the company had been notified of the application for a stay – where the nature of the proposal for refinancing was unknown – where the director of the company had had a significant time to negotiate a refinancing proposal without success – where the company was insolvent – whether the stay should be granted – application dismissed.
Legislation: Corporations Act 2001 (Cth) ss 482, 513
Cases cited: In the matter of Wine National Pty Ltd, James Estate Wines Pty Ltd, Liquor National Pty Ltd [2014] NSWSC 507 Re 311 Hume Highway Liverpool Fund Pty Ltd (in liq) (2013) 93 ACSR 683; [2013] NSWSC 465 Re Warbler Pty Ltd (1982) 6 ACLR 526; (1982) 1 ACLC 323
Date of hearing: 13 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 46
Counsel for the Plaintiffs: Mr J Burnett
Solicitor for the Plaintiffs: Dentons
Counsel for the First Defendant: Mr S Shepherd
Solicitor for the First Defendant: Feinauer
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