Shanahan (Liquidators), in the matter of Hazelview Investments Pty Ltd (in liquidation) [2014] FCA 866

FEDERAL COURT OF AUSTRALIA

Shanahan (Liquidators), in the matter of Hazelview Investments Pty Ltd (in liquidation) [2014] FCA 866 Citation: Shanahan (Liquidators), in the matter of Hazelview Investments Pty Ltd (in liquidation) [2014] FCA 866

Parties: JOHN GERVASE SHANAHAN AND GINETTE DAWN MULLER AS JOINT AND SEVERAL LIQUIDATORS OF HAZELVIEW INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 010 262 898), HAZELVIEW INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 010 262 898), JOHN GERVASE SHANAHAN AND GINETTE DAWN MULLER AS JOINT AND SEVERAL LIQUIDATORS OF WHEELDON'S TOWING SERVICE PTY LTD (IN LIQUIDATION) (ACN 082 387 746) and WHEELDON'S TOWING SERVICE PTY LTD (IN LIQUIDATION) (ACN 082 387 746)

File number: QUD 332 of 2014

Judge: LOGAN J

Date of judgment: 8 August 2014

Catchwords: CORPORATIONS – application to wind up companies in liquidation and seek relief pursuant to ss 479, 480, 481 and 511(1)(b) Corporations Act 2001 (Cth) – liquidators seek pursuant to s 511(1)(b) and s 479 to deal with property to satisfy the debts owed to secured and unsecured creditors – consideration of Kitay, in the matter of South West Kitchens (WA) Pty Ltd [2014] FCA 670 when company in liquidation is trustee – application of factors summarised by Master Lee in Re Warbler Pty Ltd (1982) 6 ACLR 526 in the exercise of value judgment in terminating winding up of a Company in liquidation – outcome designed to ensure all creditors receive 100 cents in the dollar

Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) ss 48-40, 48-75 Corporations Act 2001 (Cth) ss 473, 477, 479, 480, 481, 482, 497, 511, 553C Mercantile Act 1867 (Qld) s 4 Federal Court (Corporations) Rules 2000 r 9.4