Federal Court of Australia
Federal Court of Australia
Arnautovic v Qaqour [2022] FCA 726 File number: NSD 459 of 2022
Judgment of: YATES J
Date of judgment: 17 June 2022
Catchwords: CORPORATIONS – application by provisional liquidator of company pursuant to s 486A of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) ss 181(1), 182(1), 486(1), 486A(1), 486A(1)(c), 486A(1)(d), 486A(2), 486A(2)(b)– (d), 486A(2A)
Cases cited: Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd (receivers and managers appointed) [2022] FCA 725
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 24
Date of hearing: 17 June 2022
Counsel for the Plaintiff: Mr A Cheshire
Solicitor for the Plaintiff: Mills Oakley
ORDERS NSD 459 of 2022
BETWEEN: SULE ARNAUTOVIC, THE PROVISIONAL LIDQUIDATOR OF PENNY WORLD PTY LTD (RECEIVERS AND MANAGERS APPOINTED) Plaintiff
AND: SHADI QAQOUR Defendant
order made by: YATES J DATE OF ORDER: 17 JUNE 2022
THE COURT ORDERS THAT:
1. The Plaintiff have leave to file in Court the Originating Process. 2. Pursuant to s 486A(1)(c) of the Corporations Act 2001 (Cth), the Defendant surrender his passport to the District Registrar of the New South Wales District Registry by 11:00 am on 20 June 2022. 3. Pursuant to s 486A(1)(d) of the Corporations Act 2001 (Cth), up until 11:59 pm on 24 June 2022, the Defendant be prohibited from leaving New South Wales without the prior consent of the Court. 4. Liberty to apply be granted on 24 hours' notice or such shorter period as the Court may permit. 5. Service of the Originating Process and these orders be effected on the Defendant by: (a) sending a copy to Nicola Craven of Cockburn & Co Lawyers by email to [REDACTED]; (b) sending a copy by email to [REDACTED]; (c) sending the following text message to the mobile number [REDACTED] stating "Orders have been made against you by the Federal Court of Australia and have been sent by email to [REDACTED]. Please contact [REDACTED] of Mills Oakley on [REDACTED]". by 7.00 pm on 17 June 2022. 6. The proceedings stand over before the Commercial and Corporations Duty Judge for New South Wales at 2.15 pm on 24 June 2022. 7. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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