Deputy Commissioner of Taxation, in the matter of Australian Managed Print Services (Vic) Pty Ltd (in liq) v Australian Managed Print Services (Vic) Pty Ltd (in liq) [2017] FCA 1172

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, in the matter of Australian Managed Print Services (Vic) Pty Ltd (in liq) v Australian Managed Print Services (Vic) Pty Ltd (in liq) [2017] FCA 1172 File number: NSD 1303 of 2015

Judge: LEE J

Date of judgment: 7 September 2017

Catchwords: CORPORATIONS – application for directions pursuant to s 479(3) of the Corporations Act 2001 (Cth) – where a company is the trustee of a trust and carries on no commercial activity other than being trustee – where liquidator appointed – where no trustee appointed in place of the company – where directions are appropriate PRACTICE AND PROCEDURE – where company is a trustee of a trust and carries on no commercial activity other than being trustee – where liquidator appointed to the company – where appropriate to appoint liquidator as receiver and manager of the trust pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth)

Legislation: Corporations Act 2001 (Cth), ss 420, 420(2)(s), 420(2)(t), 420(2)(u), 420(2)(w), 479, 479(3), 596A, 1617 Federal Court of Australia Act 1976 (Cth), s 57 Insolvency Law Reform Act 2016 (Cth), Sch 2 Corporations and Other Legislation Amendment Act (Law Reform) Regulation 2016 (Cth), Sch 1 Corporations Regulations 2001 (Cth), Pt 10.25, regs 10.25.01(1), 10.25.02(3)(h)

Cases cited: Australian Securities and Investments Commission v Rowena Nominees Pty Ltd [2003] WASC 112; (2003) 45 ACSR 424 Hosking, in the matter of Business Aptitude Pty Ltd (in liq) [2016] FCA 1438 Re Aced Kang Investments Pty Ltd (in liq) [2017] FCA 476 Re Amerind Pty Ltd (receivers and managers appointed) (in liq) [2017] VSC 127 Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 Re Glengrant Civil Pty Ltd (in liq) [2017] NSWSC 843 Re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426 Re North Food Catering Pty Ltd [2014] NSWSC 77 Re Suco Gold Pty Ltd (in liq) (1983) 33 SASR 99 Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115