NSW Caselaw
Reported Decision : [2000] 18 ACLC 277
New South Wales Supreme Court CITATION : Amann Aviation Pty. Limited & Anor. v. Continental Venture Capital Limited & Ors. [1999] NSWSC 1212 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 1897/96 HEARING DATE(S) : 9th and 10th December 1999 JUDGMENT DATE : 10 December 1999
Amann Aviation Pty. Limited - 1st Plaintiff Martin Russell Brown (Liquidator)- 2nd Plaintiff Continental Venture Capital Limited - 1st Defendant CVC Investments Pty. Ltd. - 2nd Defendant CVC Investment Managers Ltd. - 3rd Defendant Vanda Russell Gould - 4th Defendant John Scott Leaver - 5th Defendant PARTIES : Joseph Paul Sclegeris - 6th Defendant Nigel Cameron Stokes - 7th Defendant Russell Vanda Gould - 8th Defendant Southsea Investments Pty. Ltd. - 9th Defendant Wenola Pty. Ltd. - 10th Defendant Penalton Pty. Ltd. - 11th Defendant Attorney-General for the Commonweath - Intervenor Attorney-General for the State of NSW - Intervenor JUDGMENT OF : Hodgson CJinEq at 1
S. Rares SC/ R. McHugh - Applicants/Defendants COUNSEL : S. Robb QC/M. Jones/J. Clarke - Respondents/Plaintiffs D. Bennett QC/M.Perry/C.Horan - Cwlth.A-G M. Sexton SC/L. Aitken - NSW A-G Nash O'Neill Tomko, Sydney for Plaintiffs SOLICITORS : Henry Davis York, Sydney for Defendants Australian Government Solicitor for Cwlth A-G Crown Solicitor's Office for NSW A-G CATCHWORDS : Corporations - Winding Up - Jurisdiction of Federal Court - Winding up order made without jurisdiction, but not set aside - Whether proceedings commenced by liquidator in NSW Supreme Court can continue. Procedure - Courts - Order by Federal Court that company "be wouind up by this Court" - Meaning and effect of order after lack of jurisdiction established but order not set aside. ACTS CITED : Corporations Law s.58AA Corporations (NSW) Act ss.44, 46 Re Wakim; Ex Parte McNally (1999) 73 ALJR 839 CASES CITED : Acton Engineering Pty. Ltd. v. Campbell (1991) 31 FCR 1 Ogilvie Grant v. East (1983) 7 ACLR 669 at 672. DECISION : Application dismissed with costs
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