Plowman, Acting Registrar of Aboriginal Corporations v Harlaxton Youth and Sporting Aboriginal Corporation

[2001] FCA 745

FEDERAL COURT OF AUSTRALIA

Plowman, Acting Registrar of Aboriginal Corporations v Harlaxton Youth & Sporting Aboriginal Corporation [2001] FCA 745

IN THE MATTER OF HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION

COLIN PLOWMAN, THE ACTING REGISTRAR OF ABORIGINAL CORPORATIONS V HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION
Q 86 OF 2001

DRUMMOND J
13 JUNE 2001
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 86 OF 2001

IN THE MATTER OF HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION

BETWEEN:	COLIN PLOWMAN, THE ACTING REGISTRAR OF ABORIGINAL CORPORATIONS APPLICANT
AND:	HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION RESPONDENT

JUDGE:	DRUMMOND J
DATE OF ORDER:	13 JUNE 2001
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.Harlaxton Youth and Sporting Aboriginal Corporation be wound up.

2.Mr John Joseph Ebbage, Official Liquidator, be appointed liquidator of Harlaxton Youth and Sporting Aboriginal Corporation.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 86 OF 2001

IN THE MATTER OF HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION

BETWEEN:	COLIN PLOWMAN, THE ACTING REGISTRAR OF ABORIGINAL CORPORATIONS APPLICANT
AND:	HARLAXTON YOUTH AND SPORTING ABORIGINAL CORPORATION RESPONDENT

JUDGE:	DRUMMOND J
DATE:	13 JUNE 2001
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. I have before me an application under the Aboriginal Councils and Associations Act 1976 (Cth) (“the Act”) to wind up the Harlaxton Youth and Sporting Aboriginal Corporation (“the Corporation”). The solicitor for the Registrar seeks the order only on the just and equitable ground. It is apparent from the material before me that the Corporation has unfortunately been unable to raise, either from private or Aboriginal and Torres Strait Islander Commission sources, the funds necessary to keep its operations going. It has got to the stage where it has no assets. It has ceased to carry on any of the activities for which it was formed and, though there is no evidence showing insolvency because there is no evidence of it having any outstanding debts, it seems quite plain that it is appropriate to wind the Corporation up on the just and equitable ground since it is incapable of achieving the objects for which it was formed.

2. Mr Boney, the public officer of the Corporation, has appeared today. He has explained some of the difficulties encountered by the Corporation members in trying to enable it to carry on its functions of providing transport for Aboriginal children in the Harlaxton area for schools and sporting functions. He does not oppose the winding up. It is apparent from the report obtained by the Registrar pursuant to s 60 of the Act from Hall Chadwick, Chartered Accountants, and from what Mr Boney himself has said, that considerable efforts were made, particularly by Mr Boney, to try to keep the Corporation alive, even to the extent that Mr Boney himself put some of his own moneys into keeping the bus, which has been the sole asset of the Corporation, on the road.

3. But, as I say, it is quite plain from the material put before me by the Registrar, confirmed in effect by what Mr Boney says, that there is no hope that the Corporation will be able to resurrect itself, given the absence of any prospect of obtaining any funds.  I will therefore make orders in terms of the draft which I will initial and place with the papers.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Drummond.

Associate:

Dated:             13 June 2001

Solicitor for the Applicant:	Minter Ellison
Counsel for the Respondent:	Mr Boney appeared in person.
Date of Hearing:	13 June 2001
Date of Judgment:	13 June 2001