Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed), in the matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 4) 2017 FCA 1133

FEDERAL COURT OF AUSTRALIA

Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed), in the matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 4) [2017] FCA 1133 File number(s): NSD 2028 of 2013

Judge(s): JAGOT J

Date of judgment: 21 September 2017

Catchwords: CORPORATIONS – application seeking directions pursuant to ss 59 and 96 of the Trusts Act 1973 (Qld) – whether appropriate to make directions allowing separate representation of the interests of the same entity acting in different capacities – application granted

Legislation: Corporations Act 2001 (Cth) s 500 Trusts Act 1973 (Qld) ss 59, 96

Cases cited: AMP Capital Investors Ltd v Parsons Brinckerhoff Australia Pty Ltd [2013] NSWSC 1633 Application of Gnitekram Marketing Pty Limited [2010] NSWSC 1328 Hodges v Waters (No 7) [2015] FCA 264; (2015) 232 FCR 97 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Re Estate Late Chow Cho-Poon; Application for judicial advice [2013] NSWSC 844