Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Boyd Industries Pty Ltd v 1297 KRL McMillans Pty Ltd [2024] FCA 229 File number(s): VID 105 of 2024
Judgment of: O'CALLAGHAN J
Date of judgment: 7 March 2024
Date of publication of reasons: 13 March 2024
Catchwords: CORPORATIONS – application to appoint provisional liquidator pursuant to s 472(2) of the Corporations Act 2001 (Cth) – the prohibition under the Farm Debt Mediation Act 2011 (Vic) on a creditor taking enforcement action under a farm mortgage does not include a prohibition on the commencement or prosecution of winding-up proceedings – order for the appointment made
Legislation: Corporations Act 2001 (Cth) ss 472(2), 459C(2)(a) Farm Debt Mediation Act 2011 (Vic) ss 3, 7A(1)
Cases cited: Australian Securities and Investments Commission v AGM Markets Pty Ltd [2018] FCA 1119; (2018) 129 ACSR 335 Commonwealth Bank of Australia v Trellis Holdings (1986) 19 ACSR 319 Deputy Commissioner of Taxation v A & S Services Australia Pty Ltd [2017] FCA 437; (2017) 12 BFRA 668 National Australia Bank Ltd v Charlton (No 4) [2019] NSWSC 1477 Riviana (Aust) Pty Ltd v Laospac Trading Pty Ltd (1986) 10 ACLR 865
Division: General Division
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