Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kerr, in the matter of Angel's Castle Pre-School Pty Ltd (In Liquidation) [2010] FCA 786 Citation: Kerr, in the matter of Angel's Castle Pre-School Pty Ltd (In Liquidation) [2010] FCA 786
Parties: DAVID KERR IN HIS CAPACITY AS LIQUIDATOR OF ANGEL'S CASTLE PRE-SCHOOL PTY LTD (IN LIQUIDATION) (ACN 118 076 994); DEPUTY COMMISSIONER OF TAXATION v ANGEL'S CASTLE PRE-SCHOOL PTY LTD (IN LIQUIDATION) (ACN 118 076 994)
File number(s): NSD 404 of 2010
Judge: JACOBSON J
Date of judgment: 16 July 2010
Catchwords: CORPORATIONS - order previously made for winding up of company and appointment of liquidator - company trustee - uncertainty as to ownership of assets by company or trust - trust deed provided office of trustee vacated if company trustee enters liquidation - appointment of liquidator of company as receiver and manager of trust assets for purpose of discharging liabilities of company as trustee
Legislation: Corporations Act 2001 (Cth) ss 420, 479 Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules O 26
Cases cited: Apostolou (as trustee of the Vasiliou Family Trust) v VA Corporation of Australia Pty Limited (2010) 77 ACSR 84 discussed Re Indopal Pty Limited (1987) 12 ACLR 54 followed Bastion v Gideon Investments Pty Ltd (in liq) (2000) 35 ACSR 466 discussed
Date of hearing: 16 July 2010
Date of last submissions: 16 July 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 38
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