Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cussen (Liq), in the matter of Zerren Pty Ltd (in liq) [2017] FCA 981 File number: NSD 1138 of 2017
Judge: GLEESON J
Date of judgment: 26 July 2017
Date of publication of reasons: 23 August 2017
Catchwords: CORPORATIONS - application by liquidator for directions pursuant to s 479(3) of the Corporations Act 2001 (Cth) – whether liquidator would be justified in treating certain real property as property of the company in its own right – where certain tax documents listed the property as held by the company on trust – application granted
Legislation: Corporations Act 2001 (Cth) s 479
Cases cited: Chamberlain v RG&H Investments Pty Ltd; re Hardy Bros (Earthmoving) Pty Ltd (in liq) (No 2) [2009] FCA 1531; (2009) 76 ACSR 415 Hamilton, re ACN 101 634 146 Pty Ltd (in liq) [2014] FCA 687 In re MF Global Australia Ltd (in liq) [2012] NSWSC 994; (2012) 267 FLR 27 Re Ansett Australia Ltd and Korda [2002] FCA 90; 115 FCR 409 Re City Pacific Ltd [2017] NSWSC 784 Re Kevin Jacobsen Pty Ltd (in liq) [2016] NSWSC 538; (2016) 113 ACSR 277 Stewart, re Newtronics Pty Ltd [2007] FCA 1375
Date of hearing: 26 July 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 21
Counsel for the Plaintiffs: Mr D Weinberger
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