Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott (Liquidator) v Southern Highlands Waste & Recycling Pty Ltd, in the matter of All City Recyclers Pty Limited (in liq) [2020] FCA 712 File number: NSD 483 of 2020
Judge: JACKSON J
Date of judgment: 25 May 2020
Catchwords: CORPORATIONS - winding up - liquidators - ex parte application for issue of warrant under s 530C of the Corporations Act 2001 (Cth) - warrant sought against two different companies - evidence that property of one of the companies is in possession of respondent - insufficient evidence that property of the other company in respondent's possession - whether discretion should be exercised to authorise issue of warrant - application successful in part
Legislation: Corporations Act 2001 (Cth) ss 530B, 530C Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Crisp, in the matter of Buchanan Group Holdings Pty Ltd v Iliopoulos [2011] FCA 1521 Cvitanovic v Kenna & Brown Pty Ltd (1995) 18 ACSR 387 Morton; Incentive Dynamics Pty Ltd (in liq) v Robins & Meissner (1996) 14 ACLC 1197 Re Ezyclad Pty Ltd (in liq) [2014] VSC 66; (2014) 98 ACSR 38 Re Steel Tigers Pty Ltd [2014] NSWSC 1748 Vartelas v Kyriakou [2009] FCA 1489
Date of hearing: 20 May 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Mr H Somerville
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