Federal Court of Australia
Federal Court of Australia
Gibbins Investments Pty Ltd v Peko Bull Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2024] FCA 981 File number(s): VID 527 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 22 August 2024
Catchwords: CORPORATIONS — application by applicant for leave to proceed with proceeding against first to third respondents pursuant to s 440D(1)(b) of the Corporations Act 2001 (Cth) — leave to proceed granted
Legislation: Corporations Act 2001 (Cth) ss 440D, 440D(1)(b)
Cases cited: Rialto Sports Pty Ltd v Cancer Care Associates Pty Ltd (No 2) [2023] NSWCA 246
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 24
Date of hearing: 22 August 2024
Counsel for the Applicant: D A Klempfner and S J Worsfield
Solicitor for the Applicant: P&B Law
Counsel for the First to Third Respondents: J Cook
Solicitor for the First to Third Respondents: Mendelawitz Morton
ORDERS VID 527 of 2023
BETWEEN: GIBBINS INVESTMENTS PTY LTD (ACN 122 828 369) Applicant
AND: PEKO BULL PTY LTD (ACN 608 113 257) (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) First Respondent
ELMORE LTD (ACN 057 140 922) (ADMINISTRATORS APPOINTED) (RECEIVERS AND MANAGERS APPOINTED) Second Respondent
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