Federal Court of Australia
Federal Court of Australia
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd [2022] FCA 282 File number(s): NSD 1300 of 2021
Judgment of: GOODMAN J
Date of judgment: 3 March 2022
Date of publication of reasons: 28 March 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – Application for leave to proceed against bankrupt pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) and against a company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) – relevant principles – complex claim for $121 million, including claim for rectification of guarantee, involving multiple parties – application allowed
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth)
Cases cited: Hillig; in the matter of Battaglia [2019] FCA 2191 ZOLL Medical Australia, in the matter of Cardiac Defibrillators Australia Pty Ltd (in liq) v Cardiac Defibrillators Australia Pty Ltd (in liq) [2022] FCA 167
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 20
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