Morgan & Ors v. McMillan Investment Holdings Pty Ltd & Anor
Case No.
Case no S119/2023
Case Information
Lower Court Judgment
16/02/2023 description (Yates, Beach and Markovic JJ)
Catchwords
Bankruptcy – Pooling order – Corporations Act 2001 (Cth), s 579E – Meaning of “particular property” – Where first applicant is liquidator of second and third applicants – Where first applicant sought order before primary judge that, inter alia, Australian Securities and Investments Commission (“ASIC”) reinstate registration of third applicant, and Court make pooling order pursuant to s 579E of Corporations Act in respect of second and third applicants – Where primary judge made orders that ASIC reinstate registration of third applicant, and that second and third applicants be pooled group for purpose of s 579E of Corporations Act – Where first respondent appealed to Full Court on question of whether pooling order should be set aside – Where Full Court found precondition in s 570E(1)(b)(iv) of Corporations Act not satisfied – Whether Full Court majority erred in finding precondition in s 579E(1)(b)(iv) of Corporations Act not satisfied in circumstances where second and third applicants jointly and severally owned “particular property”, being chose in action, at time of making pooling order, being immediately following reinstatement of third applicant – Whether Full Court majority impermissibly departed from clear and unambiguous language of s 601AH(5) of Corporations Act.
Documents*
15/09/2023 Hearing (SLA, Canberra by video connection)
29/09/2023 Notice of appeal
03/11/2023 Written submissions (Appellants)
03/11/2023 Chronology (Appellants)
01/12/2023 Written submissions (First Respondent)
22/12/2023 Reply
*The due dates shown for documents on this page are indicative only.