Federal Court of Australia
Federal Court of Australia
Empire Capital Partners Pty Ltd v CMB Investments 1993 Pty Ltd [2021] FCA 605 File number: WAD 117 of 2021
Judgment of: JACKSON J
Date of judgment: 3 June 2021
Catchwords: CORPORATIONS - application for company to be wound up in insolvency - non-compliance with statutory demand - application by court appointed receivers of company for stay or adjournment of winding up application until finalisation of receivers' report - adjournment granted
Cases cited: Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (recs and mgrs apptd) [2011] HCA 18; (2011) 244 CLR 1 Co-operative Farmers & Graziers Direct Meat Supply Ltd v Smart [1977] VR 386 Penning v Steel Tube Supplies Pty Ltd (1988) 18 FCR 568 Re Ling; Ex parte Enrobook (1996) 142 ALR 87 Re Solomon; Ex parte Reid (1986) 10 FCR 423 Truong v HT Design & Construction Pty Ltd [2007] NSWSC 102
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 24
Date of hearing: 3 June 2021
Counsel for the Plaintiff: Ms BA Taylor
Solicitor for the Plaintiff: Edwards Mac Scovell Legal
Counsel for the Defendant: The defendant did not appear
Counsel for the Receivers: Mr JW Daly
Solicitor for the Receivers: Mills Oakley Lawyers
ORDERS WAD 117 of 2021
BETWEEN: EMPIRE CAPITAL PARTNERS PTY LTD Plaintiff
AND: CMB INVESTMENTS 1993 PTY LTD (ACN 618 397 925) Defendant
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