Parker (Liquidator) v SSL Management Pty Limited T/As Sunrise Supported Living (In Liq); In the Matter of SSL Management Pty Limited T/As Sunrise Supported Living (In Liq) [2016] FCA 1053

FEDERAL COURT OF AUSTRALIA

Parker (Liquidator) v SSL Management Pty Limited T/As Sunrise Supported Living (In Liq); In the Matter of SSL Management Pty Limited T/As Sunrise Supported Living (In Liq) [2016] FCA 1053 File number: NSD 1419 of 2016

Judge: FOSTER J

Date of judgment: 29 August 2016

Catchwords: CORPORATIONS – whether, in the events which have happened, the Court should make declarations, orders and directions pursuant to ss 479(3), 506(1)(b) and 511 of the Corporations Act 2001 (Cth) (the Act) authorising the liquidator of the defendant to treat funds in two bank accounts under his control as property of the defendant and thus to disburse those funds in accordance with the requirements of s 556(1) of the Act

Legislation: Corporations Act 2001 (Cth), ss 479(3), 506(1)(b), 511, 530B, 556 and 560 Fair Entitlements Guarantee Act 2012 (Cth)

Cases cited: Warner; In the Matter of GTL Tradeup Pty Ltd (In Liq) (2015) 104 ACSR 633

Date of hearing: 29 August 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: 18

Counsel for the Plaintiff: Mr T Buterin

Solicitor for the Plaintiff: Eakin McCaffery Cox

Solicitor for the Defendant: The Defendant did not appear

ORDERS NSD 1419 of 2016 IN THE MATTER OF SSL MANAGEMENT PTY LIMITED T/AS SUNRISE SUPPORTED LIVING (ACN 142 446 455) (IN LIQUIDATION) BETWEEN: GREGORY JAY PARKER IN HIS CAPACITY AS LIQUIDATOR OF SSL MANAGEMENT PTY LIMITED T/AS SUNRISE SUPPORTED LIVING (ACN 142 446 455) (IN LIQUIDATION) Plaintiff