EDITIONS TOM THOMPSON PTY LIMITED (subject to Deed of Company Arrangement) v. BRUCE PILLEY
No. NG 3628 of 1996
FED No. 882/97
Number of pages - 13
Corporations - Practice and Procedure
(1997) 148 ALR 146IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
LINDGREN J
Corporations - company subject to deed of company arrangement - dispute between company under administration and third party as to which owned certain goods - application under s 447D of the Corporations Law for directions as to whether administrators "entitled to sell" the goods - inappropriateness of procedure of application for directions to resolve substantive dispute between company and third party as to title.
Practice and Procedure - company subject to deed of company arrangement - dispute between company under administration and third party as to which owned certain goods - application under s 447D of the Corporations Law for directions as to whether administrators "entitled to sell" the goods - inappropriateness of procedure of application for directions to resolve substantive dispute between company and third party as to title.
Corporations Law ss 442C, 447D, 479(3)
Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 followed
Re Magic Aust Pty Ltd (in liq) (1992) 7 ACSR 742 followed
Re J W Murphy & P C Allen; Re BPTC Ltd (in liq) (1996) 19 ACSR 569 followed
Osborne Computer Corporation Pty Ltd v Riddell (1995) 13 ACLC 1210 distinguished
SYDNEY, 7 August 1997 (hearing and decision)
#DATE 7:8:1997
#ADD 9:9:1997
Solicitor for the Applicant: Mr J G Harrowell of Hunt & Hunt
Counsel for the Respondent: Mr David Collins
Solicitors for the Respondent: Lewis Hutchinson
THE COURT ORDERS THAT:
The applicant's motion for leave to amend brought by notice of motion filed on 7 August 1997 be dismissed.
2. The applicant pay the respondent's cost of that motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
LINDGREN J
INTRODUCTION
There is before the Court an application which was filed on 26 August 1996 by Editions Tom Thompson Pty Limited (subject to Deed of Company Arrangement) (ACN 067 149 946) ("ETT"). On 5 May 1997, the application was fixed for hearing today and tomorrow.
APPLICATION AND MOTION FOR LEAVE TO AMEND APPLICATION
The application purports to be made under s 447D of the Corporations Law ("the Law"). That section states:
"447D(1) The administrator of a company under administration, or of a deed of company arrangement, may apply to the Court for directions about a matter arising in connection with the performance or exercise of any of the administrator's functions and powers.(2) The administrator of a deed of company arrangement may apply to the Court for directions about a matter arising in connection with the operation, or giving effect to, the deed."
The application seeks the following direction:
"Messrs E G Chant & I L Struthers, the Administrators of Editions Tom Thompson Pty Limited ('ETT') are entitled…
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- Case
- [1997] FCA 882
- Decision Date
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