A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Monday, 9 February 2015
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Executive Summary (One Minute Read)
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| In
the matter of Anglican Development Fund Diocese of Bathurst Board (recs and
mgrs apptd) (NSWSC) - corporations - receivers granted
leave to make interim distribution to creditors
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| Summaries With Link (Five Minute Read) |
In the matter of Anglican
Development Fund Diocese of Bathurst Board (recs and mgrs apptd) [2015] NSWSC 6
Supreme
Court of New South Wales
Black
J
Corporations
- plaintiffs in capacity as receivers and managers sought permission to make
interim distribution to creditors of fund in accordance with distribution
schedule - receivers claimed submitted proof of debt lodged by bank reflected
its judgment debt against fund, that bank’s proof of debt admitted; that issues
remained to be resolved in respect of four other claimants and that receiver proposed
to put aside sufficient funds to pay claimants whose proofs of debt were
deferred if proofs ultimately admitted - ss12CA, 12CB, 12GF & 12GM Australian Securities and Investments
Commission Act 2001 (Cth) - ss180, 181, 182, 420(1), 420(2), 420(2)(k),
423, 536, 1317H & 1321 Corporations
Act 2001 (Cth) - held: Court satisfied receivers’ approach to
identification of persons to whom interim distribution should be made or set
aside pending adjudication of claims was appropriate - leave granted to make interim
distribution subject to condition.
In
the matter of Anglican Development Fund Diocese of Bathurst Board
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