NSW Caselaw
New South Wales Supreme Court
CITATION : The Commonwealth of Australia v ABC2 Group Pty Ltd (Ct-apptd recs & mgrs apptd) [2009] NSWSC 1442
HEARING DATE(S) : 30 November 2009
JUDGMENT DATE : 18 December 2009
JURISDICTION : Equity Corporations List
JUDGMENT OF : Austin J
DECISION : Orders made bringing the receivership to an end, and winding up the company on the just and equitable ground
CATCHWORDS : PRACTICE AND PROCEDURE - court-appointed receivers - interlocutory nature of appointment - court's power to terminate appointment and discharge receivers - where objective of receivership has been satisfied - unsatisfied claims and unresolved matters - CORPORATIONS - winding up on just and equitable ground - standing of court-appointed receivers to apply for winding up - where objectives for which company has been used have been satisfied
Corporations Act 2001 (Cth), ss 9, 420, 434B, 447B, 461, 462, 465A LEGISLATION CITED : Supreme Court (Corporations) Rules, rule 5.6 Uniform Civil Procedure Rules, rule 26
Braham v Lord Strathmore (1844) 8 Jur 567 Hoskins v Campbell [1869] WN 59 CASES CITED : Lane v Phelan (1871) 24 AJR 10 (Vic) Largan v Bowen (1803) 1 Sch & Lef 296 Tewart v Lawson (1874) LR 18 Eq 490 The Commonwealth of Australia v ABC2 Group Pty Ltd [2008] NSWSC 1383
PARTIES : The Commonwealth of Australia represented by the Department of Education, Employment and Workplace Relations (Plaintiff) ABC2 Group Pty Ltd (Court-Appointed Receivers and Managers Appointed) (Defendant)
FILE NUMBER(S) : SC 6272/08
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