Federal Court of Australia
Federal Court of Australia
Sands Contracting Pty Ltd v Cant [2021] FCA 638 File numbers: WAD 58 of 2021
Judgment of: MCKERRACHER J
Date of judgment: 11 June 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – liquidators – application to set aside liquidators' adjudication of a creditor's proof of debt – where the debt is disputed by the company's former directors and previously the subject of litigation – hearing de novo – submitting notice filed by liquidators
Legislation: Corporations Act 2001 (Cth) ss 444B, 446A Corporations Regulations 2001 (Cth) reg 5.6.54 Federal Court (Corporations) Rules 2000 (Cth) rr 14.1(2), 14.1(3), 14.1(4)
Cases cited: Capocchiano v Young [2013] NSWSC 879 Re ION Limited (No 2) [2012] FCA 561 Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd [2020] FCA 1274 Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd (No 2) [2020] FCA 1415
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 37
Date of hearing: 28 April 2021
Counsel for the Plaintiffs: Mr A Metaxas
Solicitor for the Plaintiffs: Metaxas Legal
Counsel for the Defendants: The Defendants submit to any order of the Court, save as to the question of costs
ORDERS WAD 58 of 2021
BETWEEN: SANDS CONTRACTING PTY LTD (ACN 008 711 564), SANDS HOLDINGS PTY LTD (ACN 008 694 915), HECSANDS PTY LTD (ACN 008 748 650), ANTHONY JEROME SANDS, CARMEL JEAN SANDS, KEVIN JOHN SANDS AND LYNNE MARGARET SANDS (IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF THE LATE PETER JAMES SANDS) Plaintiffs
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