NSW Caselaw
New South Wales Supreme Court
CITATION : Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd [2008] NSWSC 548
HEARING DATE(S) : 2 June 2008
JUDGMENT DATE : 2 June 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 2 June 2008
DECISION : Winding up application adjourned.
CATCHWORDS : CORPORATIONS – ADMINISTRATION – WINDING UP APPLICATION – ADJOURNMENT – Whether hearing of winding up application should be adjourned to permit administrators to investigate further – test under s 440A(2) – Court's inherent power to adjourn.
LEGISLATION CITED : Corporations Act 2001 (Cth) – s 439A, s 440A, s 444A, s 445D, s 459P
CATEGORY : Procedural and other rulings
- Deputy Commissioner of Taxation v Bradley Keeling Management Pty Ltd (admins apptd) (2003) 44 ACSR 377 CASES CITED : - SGB Raffia Pty Ltd v Gammacon Pty Ltd [2007] NSWSC 1511 - SGB Raffia Pty Ltd v Gammacon Pty Ltd (No 2) [2007] NSWSC 1510 - TCS Management Pty Ltd v CTTI Solutions Pty Ltd [2001] NSWSC 830
Lemery Holdings Pty Ltd (Plaintiff) PARTIES : Reliance Financial Services Pty Ltd (Defendant) Deputy Commissioner of Taxation (Creditor)
FILE NUMBER(S) : SC 2445/08
P. Lowe (Plaintiff) COUNSEL : G.P. George (Defendant) J.J. Johnson (Creditor)
Bowles Lawyers (Plaintiff) SOLICITORS : Pateman Legal (Defendant) Australian Government Solicitor (Creditor)
2445/08 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd
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