Federation Group Ltd (ACN 007 532 827) (in liq) [2005] FCA 900

Federation Group Ltd (ACN 007 532 827) (in liq) [2005] FCA 900

The evidence supported declarations that the company was wound up on 30 May 2005 and that the second plaintiffs were appointed liquidators. The pending British Columbia process concerned competing claims by a judgment creditor and the liquidators over execution against company shares, and therefore related to getting in and protecting assets in the winding up. The Supreme Court of British Columbia had jurisdiction in an external administration matter within s 581(4), so the Federal Court could issue the requested letter of request.

Jurisdiction
Australia
Judgment Date
03 June 2005
Procedural Posture
Ex Parte Corporations Application / Application for Declarations and for a Letter of Request Under S 581(4) of the Corporations Act 2001 (cth)
Outcome
Application granted; declarations and letter of request ordered.
Legal Topics
['winding Up' 'appointment of Liquidators' 'letter of Request to Foreign Court' 'external Administration Matter' 'cross Border Insolvency Assistance']
['corporations' 'insolvency' 'external Administration'] ['winding Up' 'appointment of Liquidators' 'letter of Request to Foreign Court' 'external Administration Matter' 'cross Border Insolvency Assistance']

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Procedural Posture

Ex Parte Corporations Application / Application for Declarations and for a Letter of Request Under S 581(4) of the Corporations Act 2001 (cth)

Legal Issues

  1. 1 ['Whether declarations should be made that Federation Group Ltd was wound up on 30 May 2005 by resolution of creditors under s 445E of the Corporations Act 2001 (Cth) and that Bryan Kevin Hughes and Vincent Anthony Smith were appointed as liquidators under s 446A(4)(a)(ii).' 'Whether the Federal Court should request the Supreme Court of British Columbia to act in aid of and be auxiliary to it in an external administration matter under s 581(4) of the Corporations Act 2001 (Cth).' "Whether the proceeding pending before the Supreme Court of British Columbia concerning execution against the company's shares was a matter relating to winding up and therefore an external administration matter."]

Ratio Decidendi

The evidence supported declarations that the company was wound up on 30 May 2005 and that the second plaintiffs were appointed liquidators. The pending British Columbia process concerned competing claims by a judgment creditor and the liquidators over execution against company shares, and therefore related to getting in and protecting assets in the winding up. The Supreme Court of British Columbia had jurisdiction in an external administration matter within s 581(4), so the Federal Court could issue the requested letter of request.

Court Disposition

Application granted; declarations and letter of request ordered.

Orders

  • ['A declaration that on 30 May 2005, and by a resolution of creditors passed under s 445E of the Corporations Act 2001 (Cth), Federation Group Ltd was wound up.' 'A declaration that by virtue of s 446A(4)(a)(ii) of the Corporations Act 2001 (Cth), Bryan Kevin Hughes and Vincent Anthony Smith were appointed as...