Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yeo v Alpha Racking Pty Ltd, in the matter of Alpha Racking Pty Ltd [2019] FCA 1338 File number: VID 960 of 2019
Judge: O'BRYAN J
Date of judgment: 5 September 2019
Date of publication of reasons: 10 September 2019
Catchwords: CORPORATIONS – application for appointment of first and second plaintiffs as provisional liquidators of the defendant pending hearing of an application to wind up the defendant on the just and equitable ground in section 651(1)(k) of the Corporations Act 2001 (Cth) – where evidence establishes strong prima facie case of "phoenixing" activity
Legislation: Corporations Act 2001 (Cth), ss 472(2), 651(1)(k)
Cases cited: Deputy Commissioner of Taxation v A & S Services Australia Pty Ltd [2017] FCA 437
Date of hearing: 5 September 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 38
Counsel for the Plaintiffs: Mr C Moller
Solicitor for the Plaintiffs: Frenkel Partners
Solicitor for the Defendant: Mr D Anderson of ERA Legal
ORDERS VID 960 of 2019 IN THE MATTER OF ALPHA RACKING PTY LTD (ACN 115 229 288) BETWEEN: ANDREW REGINALD YEO AND GESS MICHAEL RAMBALDI AS LIQUIDATORS OF ALPHA STORAGE & EQUIPMENT PTY LTD (IN LIQUIDATION) (ACN 163 410 802) First and Second Plaintiffs
ALPHA STORAGE & EQUIPMENT PTY LTD (IN LIQUDIATION) (ACN 163 410 802) Third Plaintiff
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