Federal Court of Australia
Federal Court of Australia
Crafted Furniture Pty Ltd v Rugged Luxe Pty Ltd (Administrators Appointed) [2021] FCA 1278 File number: NSD 977 of 2021
Judgment of: STEWART J
Date of judgment: 19 October 2021
Catchwords: CORPORATIONS – appointment of provisional liquidators pending winding-up – where voluntary administrators already appointed to the company – only eight days until the winding-up application hearing – where the company has limited assets – where administrators control the assets – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 440(2), 440(3), 472(2)
Cases cited: ASIC v ActiveSuper Pty Ltd (No 2) [2013] FCA 234; 93 ASCR 189 Re Huntford Pty Ltd (1993) 12 ACSR 274 Re New Cap Reinsurance Corporation Holdings Ltd [1999] NSWSC 536; 32 ACSR 234
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 38
Date of hearing: 19 October 2021
On the interlocutory application
Solicitor for the Applicant: S Gupta of Gupta & Co Pty Ltd
Counsel for the Second Respondent: D Edney
Solicitor for the First and Second Respondent: Hilton Bradley Lawyers
ORDERS NSD 977 of 2021
BETWEEN: CRAFTED FURNITURE PTY LTD Plaintiff AND: RUGGED LUXE PTY LTD (ADMINISTRATORS APPOINTED) Defendant ON THE INTERLOCUTORY APPLICATION BETWEEN: CRAFTED FURNITURE PTY LTD Applicant AND: RUGGED LUXE PTY LTD (ADMINISTRATORS APPOINTED) First Respondent JASON TANG AND ANDRE LAKOMY IN THEIR CAPACITIES AS ADMINISTRATORS OF RUGGED LUXE PTY LTD (ADMINISTRATOR APPOINTED) Second Respondent
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