Quinlan, in the matter of Halifax Investment Services Pty Ltd (In liquidation) (No 4) [2019] FCA 604

FEDERAL COURT OF AUSTRALIA

Quinlan, in the matter of Halifax Investment Services Pty Ltd (In liquidation) (No 4) [2019] FCA 604 File number: NSD 2191 of 2018

Judge: GLEESON J

Date of judgment: 27 March 2019

Date of publication of reasons: 30 April 2019

Catchwords: CORPORATIONS – application for modification of operation of s 446A(2) of Corporations Act 2001 (Cth) – application granted

Legislation: Corporations Act 2001 (Cth) ss 439C, 446A, 447A, 497(1), 506A, 600, Sch 2 ss 70-30, 70-35, 90-15 Corporations Regulations 2001 (Cth) regs 5.6.11A, 5.5.67(3)

Cases cited: Gibbons v Libertyone Ltd [2002] NSWSC 274; (2002) 41 ACSR 442 In the matter of Hawden Property Group Pty Ltd (in liq) [2018] NSWSC 481 Re Application of Walker (as Liquidator of One.Tel Ltd) [2002] NSWSC 705 Re MF Global Australia Limited (in liq) [2013] NSWSC 779 Re One.Tel Ltd; Walker and Sherman (as liqs) [2002] NSWSC 1081; (2002) 43 ACSR 305

Date of hearing: 27 March 2019

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 56

Counsel for the Plaintiff: Mr A Leopold SC and Mr J Burnett

Solicitor for the Plaintiff: K&L Gates

ORDERS NSD 2191 of 2018 IN THE MATTER OF HALIFAX INVESTMENT SERVICES PTY LTD (IN LIQUIDATION) (ACN 096 980 522) PHILIP ALEXANDER QUINLAN, MORGAN JOHN KELLY AND STEWART MCCALLUM IN THEIR CAPACITY AS JOINT AND SEVERAL LIQUIDATORS OF HALIFAX INVESTMENT SERVICES PTY LTD (IN LIQUIDATION) (ACN 096 980 522) Plaintiffs