Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tonks, in the matter of PWG Holdings Pty Ltd (in liquidation) [2017] FCA 246 File numbers: NSD 275 of 2017
Judge: YATES J
Date of judgment: 27 February 2017
Catchwords: CORPORATIONS – winding up – where the company in liquidation is a bare trustee – application for appointment of joint and several receivers and managers of trust property with powers provided under s 420 of the Corporations Act 2001 (Cth) – where there is uncertainty as to liquidators' power to dispose of trust property.
Legislation: Corporations Act 2001 (Cth) s 420, s 477(2) Federal Court of Australia Act 1976 (Cth) s 57
Cases cited: Bastion v Gideon Investments Pty Ltd (in liq) (2000) 35 ACSR 466; [2000] NSWSC 939 Stansfield Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 Hundy (Liquidator); in the matter of Enviro Friendly Products Pty Ltd (in liq) [2013] FCA 852 Kite v Mooney; in the matter of Mooney's Contractors Pty Ltd (in liq) [2016] FCA 886 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 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: 27 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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