Tall Trees Tanah Merah Pty Ltd v Trust Company (PTAL) Limited as Custodian for the LM First Mortgage Income Fund [2014] FCA 963

FEDERAL COURT OF AUSTRALIA

Tall Trees Tanah Merah Pty Ltd v Trust Company (PTAL) Limited as Custodian for the LM First Mortgage Income Fund [2014] FCA 963 Citation: Tall Trees Tanah Merah Pty Ltd v Trust Company (PTAL) Limited as Custodian for the LM First Mortgage Income Fund [2014] FCA 963

Parties: TALL TREES TANAH MERAH PTY LTD ACN 119 755 672, TALL TREES ROCHEDALE PTY LTD ACN 108 803 256, PETRUS HERMANUS WILLEMSE, FREDERICK CREAGH WICKS and PHILIP WARWICK USHER v THE TRUST COMPANY (PTAL) LIMITED ACN 008 412 913 AS CUSTODIAN FOR THE LM FIRST MORTGAGE INCOME FUND, LM INVESTMENT MANAGEMENT LIMITED ACN 077 208 461 (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED), BENDIGO AND ADELAIDE BANK LIMITED ACN 068 049 178 and PETER DINORIS AND NICK JIM COMBIS IN THEIR CAPACITY AS CONTROLLING TRUSTEES OF THE CONTROLLED ESTATE NO. QLD 2624/14/6 OF PHILLIP WARWICK USHER

File number(s): QUD 473 of 2014

Judge(s): GREENWOOD J

Date of judgment: 5 September 2014

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an application for an interlocutory injunction restraining a contended creditor from voting at a meeting of creditors convened to consider a Personal Insolvency Agreement proposed by a debtor whose affairs are in the hands of controlling trustees by operation of s 188 of the Bankruptcy Act 1966 (Cth)

Legislation: Bankruptcy Act 1966 (Cth), ss 188, 204

Cases cited: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 - cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 - cited Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 - cited