Lucas (liquidator of Queensland Maintenance Service Pty Ltd (in liq) (receivers and managers appointed) v Currie (receivers and managers of Queensland Maintenance Services Pty Ltd (in liq) (receivers and managers appointed) [2013] FCA 1404

FEDERAL COURT OF AUSTRALIA

Lucas (liquidator of Queensland Maintenance Service Pty Ltd (in liq) (receivers and managers appointed) v Currie (receivers and managers of Queensland Maintenance Services Pty Ltd (in liq) (receivers and managers appointed) [2013] FCA 1404 Citation: Lucas (liquidator of Queensland Maintenance Service Pty Ltd (in liq) (receivers and managers appointed) v Currie (receivers and managers of Queensland Maintenance Services Pty Ltd (in liq) (receivers and managers appointed) [2013] FCA 1404

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

File number: QUD 783 of 2012

Judge: DOWSETT J

Date of judgment: 20 December 2013

Catchwords: BANKRUPTCY AND INSOLVENCY – fixed and floating charge granted within 6 months of relation-back day – where liquidators sought to avoid enforcement of the charge as against themselves – where under s 588FJ(2) Corporations Act 2001 (Cth) charges which secure an advance are enforceable against a liquidator – where liquidator invoked s 588FJ(4) and contended the charge secured an advance used to discharge a debt owed to the charge – consideration of legislative purpose of s 588FJ(4) – consideration of "indirectly discharges a debt" – whether advances applied to indirectly discharge a deb – whether charge void against the liquidators in whole or in part