Federal Court of Australia
Federal Court of Australia
Shepard, in the matter of Grainpro Pty Ltd (in liq) v Bonfante [2020] FCA 1618 File number: NSD 828 of 2020
Judgment of: MARKOVIC J
Date of judgment: 9 November 2020
Catchwords: PRACTICE AND PROCEDURE – application for transfer of insolvent trading proceeding to the Family Court of Australia pursuant to s 1337H(2) of the Corporations Act 2001 (Cth) – whether having regard to the interests of justice it is more appropriate for the proceeding to be determined by the Family Court of Australia – application allowed
Legislation: Corporations Act 2001 (Cth), ss 1337C(1), 1337H(2), 1337L, 1337R(a)
Cases cited: In the matter of Peter G Ward Industries Pty Limited [2020] NSWSC 339 Liquidators of UUB Pty Ltd v NWO [2020] SASC 121 Roff v Aqua Distributors Pty Ltd [1996] FCA 966; (1996) 22 ACSR 248 Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 85
Date of hearing: 15 October 2020
Counsel for the Plaintiffs: Mr M Karam and Mr Q M Noakhtar
Solicitor for the Plaintiffs: Somerset Ryckmans
Solicitor for the Defendant: Ms A Balafas of Rockliff Snellgrove Lawyers
ORDERS NSD 828 of 2020 IN THE MATTER OF GRAINPRO PTY LTD (IN LIQUIDATION) ACN 128 508 930 BETWEEN: ADAM SHEPARD IN HIS CAPACITY AS LIQUIDATOR OF GRAINPRO PTY LTD (IN LIQUIDATION) ACN 128 508 930 First Plaintiff
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