Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63 Appeal from: White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) [2018] FCA 471
File number: NSD 583 of 2018
Judges: ALLSOP CJ, BANKS-SMITH AND COLVIN JJ
Date of judgment: 19 April 2018
Date of publication of reasons: 20 April 2018
Catchwords: CORPORATIONS – application for directions by administrators – administrators undertook full stocktake of consignor property held by auction house – whether administrators can impose levy for return of consignor property – whether administrators hold an equitable lien over consignor property to secure the levy – no equitable lien in the circumstances
Legislation: Corporations Act 2001 (Cth), ss 437A, 443F, sch 2 s 90-15
Cases cited: Crouch v Adams [2006] NSWSC 1029 Hewett v Court [1983] HCA 7; 149 CLR 639 In the matter of Renovation Boys Pty Ltd (admins apptd) [2014] NSWSC 340 International Art Holdings Pty Ltd (admin apptd) v Adams [2011] NSWSC 164; 85 ACSR 1 Re Arcabi [2014] WASC 310; 288 FLR 1443 Re Universal Distributing Co Ltd (in liq) [1933] HCA 2; 48 CLR 171 Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15; 252 CLR 307 Tottenham Investments Pty Ltd v Carburettor Services Pty Ltd (1994) Aust Torts Rep 81-292 Palmer N, Palmer on Bailment (Sweet & Maxwell, 3rd ed, 2009)
Date of hearing: 17 April 2018
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate