Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 Citation: Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85

Appeal from: Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCA 68

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v GLENN J FRANKLIN, STIRLING L HORNE, JASON G STONE, WALTON CONSTRUCTION PTY LTD (ACN 060 900 218) (IN LIQ) and WALTON CONSTRUCTION (QLD) PTY LTD (ACN 100 833 225) (IN LIQ)

File number: VID 123 of 2014

Judges: JESSUP, ROBERTSON AND WHITE JJ

Date of judgment: 18 July 2014

Catchwords: CORPORATIONS – insolvency – winding up – appeal from decision refusing application to remove liquidators – whether judge erred in statement of test for apprehension of bias – whether apprehension of bias arises in circumstances including liquidators needing to investigate transactions involving a corporate group with whom the liquidators have a referral relationship CORPORATIONS – insolvency – voluntary administration – appeal from decision refusing application for declarations that administrators contravened s 436DA of the Corporations Act 2001 (Cth)

Legislation: 1 Acts Interpretation Act 1901 (Cth) s 15AB Corporations Act 2001 (Cth) ss 15, 60, 79, 180-184, 436A 436DA, 436E, 439A, 439C, 446A, 491, 497, 499, 503, 588FB, 588FDA, 1311 Evidence Act 1995 (Cth) s 97