Focus Management and Business Solutions Pty Ltd, in the matter of Focus Management and Business Solutions Pty Ltd

[2011] FCA 1380

FEDERAL COURT OF AUSTRALIA

Focus Management & Business Solutions Pty Ltd, in the matter of Focus Management & Business Solutions Pty Ltd [2011] FCA 1380

Citation:		Focus Management & Business Solutions Pty Ltd, in the matter of Focus Management & Business Solutions Pty Ltd [2011] FCA 1380
Parties:		IN THE MATTER OF FOCUS MANAGEMENT AND BUSINESS SOLUTIONS PTY LTD
File number:		WAD 441 of 2011
Judge:		GILMOUR J
Date of judgment:		1 December 2011
Legislation:		Corporations Act 2001 (Cth) s 482(1)
Date of hearing:	1 December 2011
Place:	Perth
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	4
Counsel for the Plaintiff:	Ms Lyn-Lee Teh
Solicitor for the Plaintiff:	Paul Fletcher & Co

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 441 of 2011

IN THE MATTER OF FOCUS MANAGEMENT AND BUSINESS SOLUTIONS PTY LTD

IN THE MATTER OF FOCUS MANAGEMENT AND BUSINESS SOLUTIONS PTY LTD Plaintiff
JUDGE:	GILMOUR J
DATE OF ORDER:	1 DECEMBER 2011
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.Pursuant to s 482(1) of the Corporations Act 2001 (Cth) the winding up of Focus Management & Business Solutions Pty Ltd be terminated.

2.There be no order as to costs.   

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

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 441 of 2011

IN THE MATTER OF FOCUS MANAGEMENT AND BUSINESS SOLUTIONS PTY LTD

IN THE MATTER OF FOCUS MANAGEMENT AND BUSINESS SOLUTIONS PTY LTD Plaintiff
JUDGE:	GILMOUR J
DATE:	1 DECEMBER 2011
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This is an application made under section 482(1) of the Corporations Act 2001 (Cth) (the Act). The applicant is a contributory of Focus Management & Business Solutions Proprietary Limited (Focus). On 27 January 2011 Mr Christopher Michael Williamson was appointed official liquidator of Focus, pursuant to an order of the Supreme Court of Western Australia in proceedings COR222/2010. The applicant seeks orders under the statutory provision that the winding up of Focus be terminated and that there be no orders to costs.

2. The application is supported by an affidavit of Paul Francis Fletcher, sworn 20 November 2011; as well as by the liquidator, Mr Christopher Michael Williamson, sworn on 17 November 2011; and, finally, by the applicant in the matter, Mr Thierry Tedeschi, sworn 3 November 2011. 

3. I have had the benefit of detailed written submissions dated 28 November 2011 by the solicitors for the applicant which correctly set out the requirements as to which I must be satisfied before exercising jurisdiction to grant the order sought and so for the reasons contained in those submissions and having regard to the affidavit material to which I have referred, I am satisfied that the orders may and ought be made as sought in the application. 

4. Accordingly, there will be orders that pursuant to s 482(1) of the Corporations Act 2001 (Cth), the winding up of Focus be terminated, and there be no order as to costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       5 December 2011