ERA Legal Wins Case for Receiver in Federal Court
On23 February 2011, ERA Legal, acting on behalf of a Receiver and Manager of company property, successfully resisted an application by a director to remove the Receiver.
In Forest Marsh Pty Ltd v Pleash, ERA Legal acted for the Receiver of property belonging to an indebted company. The company and its director brought a challenge to the Receiver's appointment and the matter was fought out in the Federal Court of Australia, with ERA Legal representing the Receiver.
As a result of the successful defence conducted by ERA Legal, the company's casewas wholly dismissed by the Federal Court and the companywas ordered to pay the receiver's legal costs, part of which were ordered to be paid on an indemnity basis.
A copy of the Federal Court’s decision may be found at: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2011/134.html?stem=0&synonyms=0&query=title(forest%20marsh%20)