Federal Court of Australia
Federal Court of Australia
Barnden, in the matter of Millrange Pty Ltd (in liq) [2021] FCA 415 File number(s): NSD 1257 of 2020
Judgment of: JAGOT J
Date of judgment: 28 April 2021
Catchwords: CORPORATIONS – electronic notification – where liquidator must provide company's creditors with certain information pursuant to reg 5.6.65(1) of the Corporations Regulations 2001 (Cth) – where records available to liquidator only include email addresses of creditors, not postal addresses of creditors CORPORATIONS – application for pooling order pursuant to s 579E of Corporations Act 2001 (Cth) – requirement that company presently owns property – whether just and equitable to make pooling order
Legislation: Corporations Act 2001 (Cth) ss 579E(1), 579E(10), 579E(11), Sch 2 ss 90-15, 90-20 Corporations Regulations 2001 (Cth) reg 5.6.65(1)
Cases cited: In the matter of Kirby Street (Holding) Pty Limited [2011] NSWSC 1536 Natkunarajah (Liquidator), in the matter of FLY365 Pty Ltd (in liquidation) [2020] FCA 419
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of hearing: 16 April 2021; otherwise determined on the papers
Solicitor for the Plaintiff: Ms N Bailey of Johnson Winter & Slattery
ORDERS NSD 1257 of 2020 IN THE MATTER OF MILLRANGE PTY LTD (IN LIQUDATION) (ACN 105 408 482) AND LIFESTYLE FITNESS CENTRE AUSTRALIA PTY LTD (IN LIQUIDATION) (ACN 155 956 059) ANDREW JAMES BARNDEN IN HIS CAPACITY AS LIQUIDATOR OF MILLRANGE PTY LTD (IN LIQUIDATION) (ACN 105 408 482) AND AS LIQUIDATOR OF LIFESTYLE FITNESS CENTRE AUSTRALIA PTY LTD (IN LIQUIDATION) (ACN 155 956 059) Plaintiff
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