Combis, in the matter of Reehal Holdings Pty Ltd (in liq) (Trustee) v Reehal Holdings Pty Ltd (in liq) (Trustee) [2017] FCA 793

FEDERAL COURT OF AUSTRALIA

Combis, in the matter of Reehal Holdings Pty Ltd (in liq) (Trustee) v Reehal Holdings Pty Ltd (in liq) (Trustee) [2017] FCA 793 File number(s): QUD 262 of 2017

Judge(s): DERRINGTON J

Date of judgment: 28 June 2017

Catchwords: BANKRUPTCY AND INSOLVENCY - Application to seek various orders relating to the appointment of the Applicant as receivers, granting the Applicant powers to administer the winding up and providing for the Applicant's remuneration BANKRUPTCY AND INSOLVENCY - Consideration of the powers of an insolvent trustee BANKRUPTCY AND INSOLVENCY –Consideration of liquidators claiming their costs, expenses and remuneration from the trustee's right of exoneration

Legislation: Corporations Act 2001 (Cth) s 420, 477(2) Federal Court of Australia Act 1976 (Cth) s 57 Federal Court Rules rr 14.21, 14.22, 14.24

Cases cited: Aced Kang Investments Pty Ltd [2017] FCA 476 Bastion v Gideon Investments Pty Ltd (in liquidation) [2000] 35 ACSR 466 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Farrah Constructions Pty Ltd v Say-dee Pty Ltd (2007) 230 CLR 89 Garra Water Investments Pty Ltd (in liquidation) v Ourback Yard Nursery Pty Ltd [2012] SASC 44 Re Amerind Pty Ltd (in liquidation) [2017] VSC 127 Re Berkeley Applegate Investment Consultants Ltd (in liquidation) [1989] Ch 32 Re Suco Gold Pty Ltd (in liquidation) (1983) 33 SASR 99 Re Universal Distributing Co (in liquidation) (1933) 48 CLR 171 Reborn Enterprises Pty Ltd [2016] FCA 1197 Sanderson as liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr (2017) NSWCA 38 Stansfield DIY Wealth (in liquidation) (2014) 291 FLR 17 Woodgate, in the matter of Bell Hire Services Pty Ltd (in liquidation) [2016] FCA 1583