Federal Court of Australia
Federal Court of Australia Specialised Welding Australia Pty Ltd v Disselkoen [2024] FCA 1184 File number:
Judgment of: CHARLESWORTH J
Date of judgment: 8 October 2024
Date of publication of reasons: 11 October 2024
Catchwords: CORPORATIONS – application for declaration that appointment of receivers by secured creditor is invalid and creditor's security interest unenforceable – whether debt relied upon by creditor is a contingent claim extinguished upon the creditor voting in favour of a deed of company arrangement
Legislation: Corporations Act 2001 (Cth) ss 418A, 444D, 444G, 444H, 445D, 447A, 553
Cases cited: Lehman Brothers Holdings Inc v City of Swan (2010) 240 CLR 509 Smith v Sandalwood Properties Ltd (2019) 344 FLR 278
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 64
Date of hearing: 3 October 2024
Counsel for the Plaintiff: Mr D Butler
Solicitor for the Plaintiff: Murcia Pestell Hillard
Counsel for the First and Third Defendants: Mr W MacDonald
Solicitor for the First and Third Defendants: Roe Legal Services
Counsel for the Second Defendant: Mr D Molony
Solicitor for the Second Defendant: Armeli & Molony Lawyers
Counsel for the Fourth Defendant: Mr W Zappia
Solicitor for the Fourth Defendant: Mendelawitz Morton
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