NSW Caselaw
Reported Decision : 57 ACSR 279
New South Wales Supreme Court
CITATION : Onefone Australia v One.Tel Ltd [2006] NSWSC 349
HEARING DATE(S) : 24/04/06
JUDGMENT DATE : 26 April 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 04/26/2006
DECISION : See para 32 of judgment.
CATCHWORDS : CORPORATIONS – Winding up – Special purpose liquidator appointed to investigate cancellation of renounceable rights issue – Application to vary terms of special purpose liquidator's appointment - Whether special purpose liquidator should enquire into matters expected to be determined in other proceedings – Where delay in other proceedings raises the prospect that proceedings which may emanate from special purpose liquidator's investigation may be statute-barred – Where other proceedings may not in fact determine all relevant issues – Costs likely to attend variation of terms of special purpose liquidator's appointment – Application granted.
Corporations Act 2001 (Cth) LEGISLATION CITED : Fair Trading Act 1987 (NSW) Limitation Act 1969 (NSW)
CASES CITED : Onefone Australia Pty Ltd v One.Tel Limited (In Liquidation) [2003] NSWSC 1228 ASIC v Rich [2005] NSWSC 706; [2006] NSWSC 266
Onefone Australia Pty Limited & Anor PARTIES : v One.Tel Limited (in liq) & Ors
FILE NUMBER(S) : SC 5291/03
COUNSEL : Plaintiff: N Cotman SC, R Glasson Defendant: A Linden (solr)
SOLICITORS : Plaintiff: NOT Lawyers Defendant: Kemp Strang
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