Royal v El Ali (No 2) [2016] FCA 1156

FEDERAL COURT OF AUSTRALIA

Royal v El Ali (No 2) [2016] FCA 1156 File numbers: NSD 1731 of 2013 NSD 771 of 2014

Judge: DAVIES J

Date of judgment: 23 September 2016

Catchwords: BANKRUPTCY – form of orders giving effect to reasons for decision – whether order for leave to proceed against respondent in liquidation should be made – form of consequential orders in respect of declarations made – application by trustee to correct register – whether trustee entitled to be registered holder of shares – whether trustee has standing to apply for winding up by reason of application to correct register and vesting of shares – distribution orders in respect of indemnifying creditor

Legislation: Corporations Act 2001 (Cth), ss 175, 461(1)(k), 462(2)(c) 471B, 553C, 1072C Bankruptcy Act 1966 (Cth), ss 58, 82, 109(10)

Cases cited: Aged Care Services Pty Ltd v Kanning Services Pty Ltd [2013] NSWCA 393; (2013) 86 NSWLR 174 Francis v Blue Ribbon Enterprises (NSW) Pty Limited [2009] FCA 1364; (2009) 76 ACSR 13 Grandsky Pty Ltd v Horne in his Capacity as Trustee for the Bankrupt Estate of Van Oost [2014] FCA 119 International Hospitality Concepts Pty Ltd v National Marketing Concepts Inc (No 2) (1994) 13 ACSR 368 Scott (Trustee) v Icicek Holdings Pty Limited, in the matter of Icicek Holdings Pty Limited [2015] FCA 1387 Swaby v Lift Capital Partners (in liquidation) [2009] FCA 749; (2009) 72 ACSR 627 Taylor (Trustee), in the matter of Kwok v Goldana Investments Pty Limited (receivers and managers appointed) (No 2) [2015] FCA 947; (2015) 236 FCR 298