Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600 Citation: Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600
Parties: SAPPHIRE (SA) PTY LTD ACN 076 858 029 TRADING AS RIVER CITY GRAIN CO v EWENS GLEN PTY LTD ACN 098 864 156
File number: SAD 29 of 2011
Judge: BESANKO J
Date of judgment: 1 June 2011
Catchwords: CORPORATIONS — Application pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth) by liquidators of defendant for orders that they be appointed joint and several receivers and managers of the property of a trust of which the defendant is trustee — where appointors and primary beneficiaries of trust are bankrupts — where power of appointment could be exercised by liquidators — application for direction pursuant to s 479(3) of the Corporations Act 2001 (Cth) that defendant remain trustee of the trust while in liquidation HELD: An order was made appointing the liquidators receivers and managers of the trust property. The direction under s 479(3) was not given but the liquidators were given leave to formulate an appropriate direction.
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 57
Cases cited: Apostolou (as trustee of the Vasiliou Family Trust) v VA Corp Aust Pty Ltd (2010) 77 ACSR 84, cited Bastion v Gideon Investments Pty Ltd (in liq) (2000) 35 ACSR 466, cited Martyniuk v King [2000] VSC 319, cited Re G B Nathan & Co Pty Ltd (1991) 5 ACSR 673, cited Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115, cited University of Western Australia v Gray (No 6) [2006] FCA 1825, cited
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