Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kite v Mooney, in the matter of Mooney's Contractors Pty Ltd (in liq) [2016] FCA 886 File number: NSD 1228 of 2016
Judge: YATES J
Date of judgment: 29 July 2016
Catchwords: CORPORATIONS – external administration – winding up – where the company in liquidation is a bare trustee – where there is uncertainty as to liquidators' power to dispose of trust property – appointment of liquidators as receivers and managers of the trust property
Legislation: Corporations Act 2001 (Cth) s 477
Cases cited: Bastion v Gideon Investment Pty Ltd (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 QBE Insurance (Australia) Limited v WA Metal Recycling Pty Ltd, in the matter of WA Metal Recycling Pty Ltd (in Liq) [2016] FCA 238 Re South West Kitchens (WA) Pty Ltd (2014) 224 FCR 408; [2014] FCA 670 Re Stansfield DIY Wealth Pty Limited (in liq) (2014) 291 FLR 17; [2014] NSWSC 1484 SMP Consolidated Pty Limited (in liquidation) v Posmot Pty Limited [2014] FCA 1382
Date of hearing: 29 July 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 11
Counsel for the Plaintiffs: Mr C Wood with Ms T Phan
Solicitor for the Plaintiffs: McCabes Lawyers
ORDERS NSD 1228 of 2016 IN THE MATTER OF MOONEY'S CONTRACTORS PTY LTD (IN LIQUIDATION) ACN 144 726 296 BETWEEN: ROBERT KITE AND MARK HUTCHINS IN THEIR CAPACITY AS LIQUIDATORS OF MOONEY'S CONTRACTORS PTY LTD (IN LIQUIDATION)
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