Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barnden (Liquidator), in the matter of Masonry Works Pty Limited (in liquidation) [2020] FCA 575 File number: NSD 299 of 2020
Judge: GLEESON J
Date of judgment: 1 May 2020
Catchwords: INSOLVENCY – application by liquidator for directions under s 90-15 of Div 90 of Sch 2 (Insolvency Practice Schedule) to the Corporations Act 2001 (Cth) – where liquidator of two companies seeks judicial advice as to whether he is justified in admitting to proof in the liquidation of one company a claim by the other company –application granted
Legislation: Corporations Act 2001 (Cth) ss 286, 1305, 1321; Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Corporations Act 2001 (Cth) (superseded) ss 479(3), 511 and 1321
Cases cited: In the matter of Daily Planet Pty Ltd (In Liquidation) [2019] VSC 265 Re Ansett Australia Ltd (No 3) [2002] FCA 90; (2002) 115 FCR 409; 40 ACSR 433 Tanning Research Laboratories Inc v O'Brien [1990] HCA 8, (1990) 169 CLR 332, 1 ACSR 510
Date of hearing: Determined on the papers
Date of last submissions: 22 April 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: 31
Solicitor for the Applicant: J Scarcella of Johnson Winter & Slattery
ORDERS NSD 299 of 2020 IN THE MATTER OF MASONRY WORKS PTY LIMITED (IN LIQUIDATION) ANDREW BARNDEN IN HIS CAPACITY AS LIQUIDATOR OF MASONRY WORKS PTY LIMITED (IN LIQUIDATION) Applicant
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