Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sebie v ENA Development Pty Ltd (in liquidation) (Receiver Appointed), in the matter of ENA Development Pty Ltd [2023] FCA 2 File number(s): NSD 912 of 2022
Judgment of: GOODMAN J
Date of judgment: 9 January 2023
Catchwords: CORPORATIONS – application for a temporary stay of a winding up pending a review of a Registrar's decision – plaintiff, not being a creditor or contributory of the company in liquidation, lacks standing
Legislation: Corporations Act 2001 (Cth), ss 9, 482 Federal Court Rules 2011, r 4.01
Cases cited: In the matter of ENA Development Pty Ltd (in liq) [2022] NSWSC 1478 In the matter of ENA Development Pty Ltd [2022] NSWSC 54 In the matter of Sails Corp Pty Ltd [2021] NSWSC 1241 Jemmott v ENA Development Pty Ltd (in liq) (Receiver Appointed) [2022] FCA 1134
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of last submission/s: 8 January 2023
Date of hearing: 6 January 2023
Counsel for the Plaintiff: In person by audio link
Counsel for the First and Second Defendants: Mr M Rose
Solicitor for the First and Second Defendants: ERA Legal
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