NSW Caselaw
New South Wales Supreme Court
CITATION : The Commonwealth of Australia v ABC2 Group Pty Ltd [2008] NSWSC 1383
HEARING DATE(S) : 17/12/08, 18/12/08
JUDGMENT DATE : 18 December 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 18 December 2008
DECISION : Orders appointing receivers and making ancillary provision.
CATCHWORDS : CORPORATIONS - voluntary administration - statutory jurisdiction to make order to protect a creditor's interests while company is under administration - whether extends to order appointing receivers - EQUITY - equitable remedies - appointment of receivers - as adjunct to voluntary administration - whether sufficient notice of application to interested parties - whether undertaking as to damages should be required
LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.3A, ss 439A, 447B(2) Trustee Act 1925, s 63
Bond Brewing Holdings Ltd v National Australia Bank Ltd (1990) 1 ACSR 445 Dick v McIntosh [2001] FCA 1008 CASES CITED : J&B Records Ltd v Brashs Pty Ltd (1994) 13 ACSR 680 Macedonian Orthodox Community Church of St Petka v His Eminence Petar The Dioscesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 82 ALJR 1425 McLean v McKinlay [2004] WASC 2 National Australia Bank Ltd v Bond Brewing Holdings Ltd [1990] HCA 10; (1990) 169 CLR 271
PARTIES : The Commonwealth of Australia represented by the Department of Education, Employment and Workplace Relations - Plaintiff ABC2 Group Pty Limited - Defendant
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