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
| IN THE FEDERAL COURT OF AUSTRALIA | |
IN THE MATTER OF AUTO ELECTRICAL DISTRIBUTORS (AUST) PTY LTD (IN LIQUIDATION) ACN 076 531 916
| DATE OF ORDER: | |
| WHERE MADE: |
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.
| 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:
