Federal Court of Australia
Federal Court of Australia
Coggan v Mt Cotton Village Child Care Centre Pty Limited [2021] FCA 1595 File number(s): QUD 330 of 2021
Judgment of: DOWNES J
Date of judgment: 1 December 2021
Date of publication of reasons: 15 December 2021
Catchwords: CORPORATIONS – application to appoint receivers to two childcare centres – where businesses solvent – where defendant directors have interest in the businesses succeeding – where appointment would be detrimental to the businesses – where no undertaking as to damages provided – application refused
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 57 Federal Court Rules 2011 (Cth) r 14.21
Cases cited: The University of Western Australia v Gray (No 6) [2006] FCA 1825 Woods v Harrison, in the matter of Telco Service Holdings Pty Ltd (in liquidation) [2017] FCA 732
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 39
Date of hearing: 1 December 2021
Counsel for the Plaintiffs: Mr G Dietz
Solicitor for the Plaintiffs: Cronin Miller Litigation
Counsel for the Defendants: Mr J Ward
Solicitor for the Defendants: FC Lawyers
ORDERS QUD 330 of 2021
BETWEEN: ALISON COGGAN AND LARRY COGGAN AS TRUSTEES FOR THE COGGAN FAMILY TRUST First Plaintiff
LARRY COGGAN Second Plaintiff
ALISON COGGAN Third Plaintiff
AND: MT COTTON VILLAGE CHILD CARE CENTRE PTY LIMITED ACN 104 633 561 First Defendant
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