Case P43/2010

Australian Securities and Investments Commission v. Lanepoint Enterprises Pty Ltd (ACN 110 693 251) (Receivers and Managers Appointed)

Case No.

P43/2010

Case Information

Lower Court Judgment

24/05/2010 Federal Court of Australia(North J, Siopis J, Buchanan J)

[2010] FCAFC 49

Catchwords

Corporations — Winding up — Winding up in insolvency — Where respondent presumed to be insolvent once receiver was appointed: Corporations Act 2001 (Cth) s 459C — Where respondent required to rebut presumption in an application for winding up in insolvency — Respondent disputed extent of indebtedness — Whether company should be wound-up on basis of disputed debt — Whether court may determine merits of disputed debt in course of winding up proceeding.

Short Particulars

Documents

21/10/2010 Hearing (SLA, Perth)

08/11/2010 Notice of appeal

31/01/2011 Written submissions (Appellant)

31/01/2011 Chronology

15/02/2011 Written submissions (Respondent)

22/02/2011 Reply

08/03/2011 Hearing (Full Court, Canberra)

16/03/2011 Further submissions (Respondent)

22/03/2011 Reply supplementary submissions (Appellant)

01/06/2011 Judgment  (Judgment summary)