Federation Group Ltd (ACN 007 532 827), in the matter of Federation Group Ltd (ACN 007 532 827) [2005] FCA 817

Federation Group Ltd (ACN 007 532 827), in the matter of Federation Group Ltd (ACN 007 532 827) [2005] FCA 817

The proposed request identified an external administration matter concerning the Company's insolvency and deed of company arrangement; the Supreme Court of British Columbia was a court capable of acting in aid of the Federal Court; Canadian insolvency provisions gave a basis for such assistance; and the evidence supported the requested declarations. The Court therefore made the declarations and ordered that the letter of request be signed, sealed and dispatched.

Jurisdiction
Australia
Judgment Date
24 May 2005
Procedural Posture
Originating Process in an External Administration Matter Seeking a Letter of Request to a Foreign Court / Application for Declarations and Order Issuing Letter of Request
Outcome
Declarations made and letter of request ordered to be issued to the Supreme Court of British Columbia.
Legal Topics
['letter of Request to Foreign Court' 'deed of Company Arrangement' 'voluntary Administration' 'cross Border Insolvency Assistance']
['corporations' 'insolvency' 'external Administration'] ['letter of Request to Foreign Court' 'deed of Company Arrangement' 'voluntary Administration' 'cross Border Insolvency Assistance']

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Procedural Posture

Originating Process in an External Administration Matter Seeking a Letter of Request to a Foreign Court / Application for Declarations and Order Issuing Letter of Request

Legal Issues

  1. 1 ['Whether the Federal Court should request the Supreme Court of British Columbia to act in aid of, and be auxiliary to, the Federal Court in an external administration matter under s 581(4) of the Corporations Act 2001 (Cth).' 'Whether the evidence supported declarations concerning the commencement of external administration, appointment of voluntary administrators, execution of the deed of company arrangement, and the objects of Pt 5.3A of the Corporations Act 2001 (Cth).' 'Whether the Supreme Court of British Columbia was a court capable of providing assistance in the external administration matter.']

Ratio Decidendi

The proposed request identified an external administration matter concerning the Company's insolvency and deed of company arrangement; the Supreme Court of British Columbia was a court capable of acting in aid of the Federal Court; Canadian insolvency provisions gave a basis for such assistance; and the evidence supported the requested declarations. The Court therefore made the declarations and ordered that the letter of request be signed, sealed and dispatched.

Court Disposition

Declarations made and letter of request ordered to be issued to the Supreme Court of British Columbia.

Orders

  • ['The Court declared that on 23 October 2003 Federation Group Ltd commenced under external administration pursuant to Pt 5.3A of the Corporations Act 2001 (Cth).' 'The Court declared that on 23 October 2003 Bryan Kevin Hughes and Vincent Anthony Smith were appointed joint and several voluntary administrators of...