Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBE Insurance (Australia) Limited v WA Metal Recycling Pty Ltd, in the matter of WA Metal Recycling Pty Ltd (in Liq) [2016] FCA 238 File number: NSD 1647 of 2015
Judge: FARRELL J
Date of judgment: 10 March 2016
Catchwords: CORPORATIONS – application under s 57 of the Federal Court of Australia Act 1976 (Cth) – where liquidator of former corporate trustee seeks appointment as receiver and manager of the business and property of the trust – where trust is a discretionary family trust – where the appointor has not exercised power to appoint new trustee – where pending sale agreement to sell the business and assets of the trust – whether just or convenient to make order – consideration of s 477(2) of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) s 477(2) Federal Court of Australia Act 1976 (Cth) s 57
Cases cited: Apostolou (as trustee of the Vasilious Family Trust) v VA Corporation of Australia Pty Ltd (2010) 77 ACSR 84; [2010] FCA 64 Bastion v Gideon Investment Pty Limited (in liq) (2000) 35 ACSR 466; [2000] NSWSC 939 Hundy (Liquidator); In the matter of Enviro Friendly Products Pty Ltd (in liq) [2013] FCA 852 Re Stansfield DIY Wealth Pty Limited (in liq) (2014) 291 FLR 17; [2014] NSWSC 1484 Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600 SMP Consolidated Pty Limited (in liq) v Posmot Pty Ltd [2014] FCA 1382
Date of hearing: 25 & 26 February 2016
Registry: New South Wales
Division: General Division
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