Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Griffiths (Administrator) v The Trustee for Chrisamanda Trust trading as Chrisamanda Trust [2017] FCA 1222 File number: NSD 1612 of 2017
Judge: GLEESON J
Date of judgment: 15 September 2017
Date of publication of reasons: 18 October 2017
Catchwords: CORPORATIONS – application for appointment of receiver and manager under s 57(1) of Federal Court of Australia Act 1976 (Cth)
Legislation: Corporations Act 2001 (Cth) s 439A Federal Court of Australia Act 1976 (Cth) s 57(1)
Cases cited: Hosking, re Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 Re Mecfab Holdings Pty Ltd [2015] NSWSC 46
Date of hearing: 15 September 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: 12
Counsel for the Plaintiffs: Mr N Simpson
Solicitor for the Plaintiffs: Piper Alderman
ORDERS NSD 1612 of 2017
BETWEEN: MITCHELL GRIFFITHS IN HIS CAPACITY AS ADMINISTRATOR OF SAMANDAC PTY LTD (ADMINISTRATOR APPOINTED) First Plaintiff
SAMANDAC PTY LTD (ADMINISTRATOR APPOINTED) ACN 010 433 922 Second Plaintiff
AND: THE TRUSTEE FOR CHRISAMANDA TRUST TRADING AS CHRISAMANDA TRUST (ABN 14 340 541 26)
Respondent
JUDGE: GLEESON J DATE OF ORDER: 15 September 2017
THE COURT ORDERS THAT:
1. Pursuant to section 57(1) of the Federal Court Act 1976 (Cth), the first plaintiff, Mitchell Richmond Griffiths, be appointed without security as receiver and manager of the business and property of the Chrisamanda Trust (ABN 14 340 541 260). 2. The receiver has in respect of the trust business and property the powers that an administrator has in respect of the business and property of a company under s 437A of the Corporations Act 2001 (Cth). 3. The receiver not distribute the assets of the trust without the direction of the Court. 4. The first plaintiff's costs of these proceedings be costs and expenses in the administration of the second plaintiff. 5. The receiver have liberty to apply for the approval of his remuneration. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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