Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Modscape Holdings Pty Ltd v Caspaney, in the matter of ACN 122 909 040 Pty Ltd (in liq) (formerly Modscape Pty Ltd) [2019] FCA 2137 Appeal from: Application for leave to appeal (VID 1354 of 2019): Order dated 5 December 2019 in VID 753 of 2019
File number(s): VID 753 of 2019 VID 1354 of 2019
Judge(s): ANDERSON J
Date of judgment: 16 December 2019
Date of publication of reasons: 17 December 2019
Catchwords: PRACTICE AND PROCEDURE – application to vary interlocutory orders of the Court PRACTICE AND PROCEDURE – appeals – application for leave to appeal from interlocutory decision of single judge of the Court – whether the decision of primary judge was attended by sufficient doubt to warrant reconsideration by Full Court INSOLVENCY – where company in liquidation – where liquidator is required to convene meeting of creditors – where primary judge ordered that relevant creditors were entitled to vote at meeting in number and in proportion to amounts recorded in liquidator's report – whether this order was inconsistent with r 75-85(2) of the Insolvency Practice Rules (Corporations) 2016 (Cth) (IPR) Held: applications dismissed – primary judge's orders not inconsistent with s 75-85(2) of IPR – primary judge's orders not attended by sufficient doubt
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