Federal Court of Australia
Federal Court of Australia
Hassan v Image Nominees Pty Ltd (in liquidation) [2023] FCA 1645 File number: VID 751 of 2023
Judgment of: BEACH J
Date of judgment: 15 December 2023
Date of publication of reasons: 20 December 2023
Catchwords: CORPORATIONS — liquidation of companies — provisional liquidators previously appointed — standing of provisional liquidators to seek a winding up order — section 461(1)(k) of the Corporations Act 2001 (Cth) — standing of alleged creditor to seek a section 461(1)(k) order — scope of section 462 — whether just and equitable ground established — pooling orders — sections 579 and 579E of the Act — orders made
Legislation: Corporations Act 2001 (Cth) ss 9, 232, 461, 462, 579 and 579E
Cases cited: Australian Securities and Investments Commission v AGM Markets Pty Ltd (2018) 129 ACSR 335 Barnes v Addy (1874) LR 9 Ch App 244 Zempilas v J N Taylor Holdings Ltd (No 5) (1991) 5 ACSR 22
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 100
Date of hearing: 21 September, 2 and 24 October, 13 and 20 November and 13 December 2023
Counsel for the Applicant: Mr M Clarke KC and Ms V Plain
Solicitor for the Applicant: Parkston Lawyers
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