Currie, in the matter of Auto Electrical Distributors (Aust) Pty Ltd (In Liq) v Auto Electrical Distributors (Aust) Pty Ltd (In Liq)

[2014] FCA 885

FEDERAL COURT OF AUSTRALIA

Currie, in the matter of Auto Electrical Distributors (Aust) Pty Ltd (In Liq) v Auto Electrical Distributors (Aust) Pty Ltd (In Liq) [2014] FCA 885

Citation:	Currie, in the matter of Auto Electrical Distributors (Aust) Pty Ltd (In Liq) v Auto Electrical Distributors (Aust) Pty Ltd (In Liq) [2014] FCA 885
Parties:	IAN ALEXANDER CURRIE AS LIQUIDATOR OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916 v AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916
File number:	QUD 184 of 2014
Judge:	DOWSETT J
Date of judgment:	25 July 2014
Cases cited:	Divitkos in Re Ex DVD Pty Ltd (in Liquidation) [2014] FCA 696 cited
Date of hearing:	25 July 2014
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	1
Solicitor for the Plaintiff:	Bennett & Philp Lawyers
Solicitor for the Defendant:	Defendant did not appear

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 184 of 2014

IN THE MATTER OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916

BETWEEN:	IAN ALEXANDER CURRIE AS LIQUIDATOR OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916 Plaintiff
AND:	AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916 Defendant

JUDGE:	DOWSETT J
DATE OF ORDER:	25 JULY 2014
WHERE MADE:	BRISBANE

THE COURT DIRECTS THAT:

1.the plaintiff is authorised to pay the balance of the funds in the liquidation of the defendant (after payment of his proper fees and disbursements) to Nourlangie Pty Ltd ACN 010 118 804 pursuant to s 511 of the Corporations Act 2001 (Cth); and

2.the Court orders that the plaintiff’s costs of and incidental to this application be costs in the liquidation of the defendant.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 184 of 2014

IN THE MATTER OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916

BETWEEN:	IAN ALEXANDER CURRIE AS LIQUIDATOR OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916 Plaintiff
AND:	AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916 Defendant

JUDGE:	DOWSETT J
DATE:	25 JULY 2014
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. Having regard to the reasons of White J in Divitkos in Re Ex DVD Pty Ltd (in Liquidation) [2014] FCA 696 and the earlier decisions there referred to, I am satisfied to proceed upon the basis that the secured creditor is entitled to be subrogated to the rights of the employees whose claims against the company it met, and in those circumstances to give the directions sought.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:        20 August 2014