Lucas, in the matter of Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) v Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) [2012] FCA 1451

FEDERAL COURT OF AUSTRALIA

Lucas, in the matter of Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) v Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) [2012] FCA 1451 Citation: Lucas, in the matter of Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) v Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed) [2012] FCA 1451

Parties: PETER ANTHONY LUCAS & GLENN MICHAEL SHANNON AS LIQUIDATORS OF QUEENSLAND MAINTENANCE SERVICES PTY LTD (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 104 887 103) v QUEENSLAND MAINTENANCE SERVICES PTY LTD (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) (ACN 104 887 103) and ZULLO FAMILY HOLDINGS PTY LTD ACN 130 093 935 AS TRUSTEE FOR ZULLO INVESTMENTS TRUST

File number: QUD 51 of 2012

Judge: GREENWOOD J

Date of judgment: 18 December 2012

Catchwords: CORPORATIONS – consideration of an application for the winding up of a company in insolvency pursuant to s 459A of the Corporations Act 2001 (Cth) by the voluntary liquidators of the company taken to be voluntary liquidators by reason of a resolution by the creditors at a second meeting of creditors convened by the administrators of the company – consideration of whether an arrangement made between the liquidators and the Commissioner of Taxation for the funding of the application by the liquidators has the effect of disqualifying the liquidators from appointment as liquidators of the company in insolvency – consideration of the contended conduct on the part of the liquidators said to constitute "cause" disqualifying the liquidators from appointment