Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tang (liquidator) v Wright, in the matter Wright's Transport Pty Ltd (in liq) (No 2) [2020] FCA 749 File number: NSD 548 of 2020
Judge: STEWART J
Date of judgment: 26 May 2020
Catchwords: CORPORATIONS – application for issue of warrant under s 530C of the Corporations Act 2001 (Cth) – ex parte application – leave to have warrant issued – where previous warrant issued incorrectly
Legislation: Corporations Act 2001 (Cth) s 530C
Cases cited: Tang (liquidator) v Wright, in the matter Wright's Transport Pty Limited (in liq) (No 1) [2020] FCA 709
Date of hearing: 26 May 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: 7
Solicitor for the Plaintiffs: L Whiffen of Hilton Bradley Lawyers
ORDERS NSD 548 of 2020
BETWEEN: JASON BING-FAI TANG AND OZEM AZZAM KASSEM IN THEIR CAPACITY AS LIQUIDATORS OF WRIGHT'S TRANSPORT PTY LIMITED (IN LIQUIDATION) ACN 110 737 838 First Plaintiff
WRIGHT'S TRANSPORT PTY LIMITED (IN LIQUIDATION) Second Plaintiff
AND: ROBERT WRIGHT Defendant
JUDGE: STEWART J DATE OF ORDER: 26 MAY 2020
THE COURT ORDERS THAT:
1. The warrant issued in this proceeding and dated 22 May 2020 is set aside. 2. The District Registrar issue, pursuant to s 530C of the Corporations Act 2001 (Cth), a warrant in the form of the warrant in Schedule A to these orders. 3. Orders 3 and 4 of 21 May 2020 are discharged. 4. Within 14 days of the execution of the warrant referred to in order 2 above, the plaintiffs shall serve the originating application, supporting affidavits, these orders and the reasons for judgment on 21 May 2020 and today on the defendant. 5. The matter remains listed for case management at 9:30am on 25 June 2020. 6. The parties and any other party claiming an interest in the vehicle have liberty to apply on at least two days' notice. 7. The costs of the application today are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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