Leslie, in the matter of the Aboriginal Councils & Associations Act 1976 v Hennessy [2001] FCA 371

Leslie, in the matter of the Aboriginal Councils & Associations Act 1976 v Hennessy [2001] FCA 371

No individual complaint or the cumulative totality of complaints by the appellant demonstrated a sufficient basis for an inquiry under s 536 of the Corporations Law. The Court retains discretion but nothing in the matters alleged warranted the exercise of that discretion for an inquiry.

Parties
Original Applicant: National Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation and Others; Original Applicant: Queensland Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation and Others; Appellant: John William Leslie; Respondent: Philip Arthur Hennessy
Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Appeal / Appeal From Orders of a Federal Court Judge
Outcome
appeal dismissed
Legal Topics
Liquidation, Inquiry Into Liquidators' Conduct, Costs in Liquidation, Appeals Against Liquidator Decisions
Corporations Law Liquidation Inquiry Into Liquidators' Conduct Costs in Liquidation Appeals Against Liquidator Decisions

Case Brief

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Parties

National Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation and Others

Original Applicant

Queensland Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation and Others

Original Applicant

John William Leslie

Appellant

Philip Arthur Hennessy

Respondent

Procedural Posture

Appeal / Appeal From Orders of a Federal Court Judge

Legal Issues

  1. 1 Whether the court should order an inquiry into the conduct of the liquidator under s 536 of the Corporations Law
  2. 2 Whether cumulative complaints justify a general inquiry into the liquidation
  3. 3 Whether level of fees, double-charging, and agreements with ATSIC warrant investigation

Ratio Decidendi

No individual complaint or the cumulative totality of complaints by the appellant demonstrated a sufficient basis for an inquiry under s 536 of the Corporations Law. The Court retains discretion but nothing in the matters alleged warranted the exercise of that discretion for an inquiry.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of and incidental to the appeal, including reserved costs.