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Leviston v PQ Management Pty Ltd (No 3) [2023] FCA 986
EVIDENCE – expert evidence – valuation of shareholding – application of capitalisation of future maintainable earnings method – challenge to the correctness of the result of the valuation exercise – where the expert in part performed a calculation in accordance with accounting standards – whether the expert erred in placing weight on particular data points…
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Ormsby (liquidator), in the matter of Rezatechnica Pty Ltd (in liquidation) v Michails [2023] FCA 972
CORPORATIONS – Company in liquidation – liquidators seeking declaratory relief with respect to the ownership of motor vehicles – six defendants submitting to the outcome – evidence supporting findings that the vehicles are the property of the Company – observations of the application of s 267 of the Personal Properties Security Act 2009 (Cth) –…
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Australian Securities and Investments Commission v Bettles [2023] FCA 975
CORPORATIONS – application under s 45-1 of the Insolvency Practice Schedule (Corporations) (IPS), Sch 2 to the Corporations Act 2001 (Cth) – application for cancellation of defendant’s registration as a registered liquidator – whether defendant breached duties in ss 180(1), 181(1) and 182(1) of the Corporations Act – whether defendant breached common law duties –…
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Centuria Property Funds Limited, in the matter of Centuria Property Funds Limited [2024] FCA 202
CORPORATIONS – responsible entity of registered scheme – failure to lodge amended constitution with ASIC – whether to extend time nunc pro tunc – whether no substantial injustice – whether Corporations Act s 1322(4)(d) applicable – where no express timeframe for required action Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0202For more information, see the original judgement.
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Fourteen Consulting Services Pty Ltd (in liquidation) v A.O.B Holding Pty Ltd (in liquidation) (No 2) [2023] FCA 1684
CORPORATIONS – application for winding up orders, orders permitting liquidator to enter into various agreements, pooling orders and various ancillary orders – orders made Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1684For more information, see the original judgement.
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Symbio Holdings Limited, in the matter of Symbio Holdings Limited (No 2) [2024] FCA 40
CORPORATIONS – scheme of arrangement – application for directions concerning supplementary disclosure – application granted Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0040For more information, see the original judgement.
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Sev.en Gamma a.s. v IG Power (Callide) Pty Ltd (Administrators Appointed) [2024] FCA 30
CORPORATIONS – company in administration – whether leave to commence proceedings should be granted nunc pro tunc under s 440D(1)(b) of the Corporations Act 2001 (Cth) – where proceedings are not brought to assert an antecedent right against the company or the property – where proceedings are for specific relief that does not target or…
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Naidenov, in the matter of AJW Interiors and Constructions Pty Ltd (in liq) [2024] FCA 25
CORPORATIONS — whether to grant approval pursuant to s 477(2A) of the Corporations Act 2001 (Cth) in respect of a Deed of Settlement and Release entered into by a liquidator on behalf of a company in liquidation — whether to grant approval nunc pro tunc pursuant to s 477(2B) of the Act in respect of…
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AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2023] FCA 1675
CORPORATIONS – consequential orders – costs Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1675For more information, see the original judgement.
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