Hosking (Liquidator); In the Matter of Business Aptitude Pty Ltd (In Liq) [2017] FCA 1417

FEDERAL COURT OF AUSTRALIA

Hosking (Liquidator); In the Matter of Business Aptitude Pty Ltd (In Liq) [2017] FCA 1417 File number: NSD 1678 of 2016

Judge: FOSTER J

Date of judgment 29 November 2017

Cases cited: Hosking; In the Matter of Business Aptitude Pty Ltd (In Liq) (2016) 34 ACLR 16-044; [2016] FCA 1438

Date of hearing: 29 November 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 11

Solicitor for the Plaintiff: Mr AD Blackie of Woods & Day Solicitors

ORDERS NSD 1678 of 2016 IN THE MATTER OF BUSINESS APTITUDE PTY LTD (ACN 003 378 658) (IN LIQUIDATION) PHILIP RAYMOND HOSKING (IN HIS CAPACITY AS LIQUIDATOR OF BUSINESS APTITUDE PTY LTD (ACN 003 378 658) (IN LIQUIDATION) Plaintiff

JUDGE: FOSTER J DATE OF ORDER: 29 NOVEMBER 2017

THE COURT ORDERS THAT:

1. Philip Raymond Hosking (in his capacity as liquidator of Business Aptitude Pty Ltd (ACN 003 378 658) (In Liquidation) (the Company)) (the Receiver) forthwith be discharged and released from acting as receiver and manager of the Crosby Family Trust (the Trust). 2. Leave be granted to the Receiver to dispense with the requirement to pass his final accounts for acting as receiver and manager of the Trust. 3. The Receiver be authorised to retain possession of all documents of the Trust in his capacity as liquidator of the Company. 4. The costs of the Interlocutory Process filed by the plaintiff on 19 September 2017 be paid out of the assets of the Trust or, if there are insufficient assets in the Trust, out of the assets of the Company. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.