Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Theobald, in the matter of Finplas Pty Ltd [2014] FCA 31 Citation: Theobald, in the matter of Finplas Pty Ltd [2014] FCA 31
Parties: SIMON GUY THEOBALD AND JEFFREY LAURENCE HERBERT AS JOINT AND SEVERAL LIQUIDATORS OF FINPLAS PTY LTD (IN LIQUIDATION) (ACN 111 974 737) and FINPLAS PTY LTD (IN LIQUIDATION) (ACN 111 974 737)
File number: WAD 324 of 2013
Judge: SIOPIS J
Date of judgment: 4 February 2014
Catchwords: CORPORATIONS – liquidators of a corporate trustee sold trust assets without the power to do so – whether relief should be granted under s 89 of the Trustees Act 1962 (WA) – whether liquidators had reason to apprehend that a claim might be brought in respect of their conduct – whether relief should be granted under s 1318(2) of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) s 1318 Trustees Act 1962 (WA) ss 75, 89
Cases cited: Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd (2008) 74 NSWLR 550 Re Pleash, in the matter of Suncoast Restoration Pty Ltd [2013] FCA 355 Re Starrit Pty Ltd [2012] FCA 803
Date of hearing: 24 January 2014 Date of orders: 24 January 2014 Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 49
Counsel for the Plaintiffs: Mr S Majteles
Solicitor for the Plaintiffs: Gilbert + Tobin
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 324 of 2013
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