Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1154

Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1154

None of the statutory sources of power relied on by the applicant (ss 447A, 1322(4) of the Corporations Act or s 21 of the Federal Court of Australia Act) empower the Court to vary or dispense with the requirement in s 596E(a) that creditors be given written notice of examinations as is reasonably practicable. It is for the applicant to decide what steps are reasonably practicable for notice, and to justify those steps if challenged; the Court will not endorse a lesser process by order in the present circumstances.

Jurisdiction
Australia
Judgment Date
06 September 2004
Procedural Posture
Corporations/examinations Application / Application for Variation of Notice Requirements Under S 596 E Corporations Act
Outcome
Application refused
Legal Topics
['voluntary Winding Up' 'court Ordered Winding Up' 'examinations of Persons' 'notice to Creditors' 'reasonably Practicable Compliance']
['corporations Law'] ['voluntary Winding Up' 'court Ordered Winding Up' 'examinations of Persons' 'notice to Creditors' 'reasonably Practicable Compliance']

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Procedural Posture

Corporations/examinations Application / Application for Variation of Notice Requirements Under S 596 E Corporations Act

Legal Issues

  1. 1 ['Whether the Court has power to vary the requirement in s 596E(a) Corporations Act for written notice of examination to creditors by directing notification via the liquidator instead of direct notice to all creditors;' "What constitutes 'as reasonably practicable' for identifying and notifying creditors under s 596E(a);"]

Ratio Decidendi

None of the statutory sources of power relied on by the applicant (ss 447A, 1322(4) of the Corporations Act or s 21 of the Federal Court of Australia Act) empower the Court to vary or dispense with the requirement in s 596E(a) that creditors be given written notice of examinations as is reasonably practicable. It is for the applicant to decide what steps are reasonably practicable for notice, and to justify those steps if challenged; the Court will not endorse a lesser process by order in the present circumstances.

Court Disposition

Application refused

Orders

  • ['The application for an order in terms of paragraph 4 of the originating process dated 12 February 2004 be refused.' 'There be no order as to costs.']