Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weston (Liquidator), in the matter of Leetong Pty Limited (in liquidation) [2020] FCA 372 File number: NSD 1486 of 2019
Judge: GLEESON J
Date of judgment: 20 March 2020
Catchwords: CORPORATIONS – voluntary winding up – surplus in liquidator's hands - distribution of surplus – conflicting claims concerning proper distribution of surplus shares – liquidator seeking direction as to proposed distribution of surplus shares
Legislation: Insolvency Practice Schedule (Corporations), Schedule 2 to the Corporations Act 2001 (Cth) s 90-15 Corporations Act 1989 (Cth) ss 82, 89, 479(3), 488, 501, 511 Federal Court (Corporations) Rules 2011 r 2.13 Corporations (New South Wales) Act 1990 (NSW) s 7
Cases cited: Re ACN 152 546 453 Pty Ltd (formerly Hemisphere Technologies Pty Ltd) (in liq) [2018] NSWSC 1002 Re MF Global Ltd (in Liq) [2012] NSWSC 994; (2012) 267 FLR 27 Visnic v Sywak [2011] NSWSC 1246; 86 ACSR 569 Yanollee Pty Ltd (in liq) [2006] NSWSC 705
Date of hearing: 11 March 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 80
Counsel for the Applicant: S Golledge SC
Solicitor for the Applicant: Hunt & Hunt
ORDERS NSD 1486 of 2019 IN THE MATTER OF LEETONG PTY LIMITED (IN LIQUIDATION) (ACN 058 366 555) PAUL WESTON AS LIQUIDATOR OF LEETONG PTY LIMITED (IN LIQUIDATION) (ACN 058 366 555) Plaintiff
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