Bailey (liquidator) of Bruce Bros Floor Coverings Pty Ltd (in liq) v Trustee of the Bruce Bros Floor Coverings Trust, in the matter of Bruce Bros Floor Coverings Pty Ltd (in liq) [2018] FCA 1838

FEDERAL COURT OF AUSTRALIA

Bailey (liquidator) of Bruce Bros Floor Coverings Pty Ltd (in liq) v Trustee of the Bruce Bros Floor Coverings Trust, in the matter of Bruce Bros Floor Coverings Pty Ltd (in liq) [2018] FCA 1838 File number: NSD 1949 of 2018

Judge: GLEESON J

Date of judgment: 8 November 2018

Date of publication of reasons: 23 November 2018

Catchwords: BANKRUPTCY AND INSOLVENCY – application for appointment as receiver and manager of trust property, in circumstances where the trustee was in liquidation – application allowed

Legislation: Federal Court of Australia Act 1976 (Cth) s 57(1) Corporations Act 2001 (Cth)

Cases cited: Deputy Commissioner of Taxation, in the matter of Manor Holdings (NSW) Pty Ltd v Manor Holdings (NSW) Pty Ltd [2018] FCA 590 Hosking, re Business Aptitude Pty Ltd (in liq) [2016] FCA 1438 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; 354 ALR 436

Date of hearing: 8 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 17

Counsel for the Plaintiffs: Pouyan Afshar

Solicitor for the Plaintiffs: Piper Alderman

ORDERS NSD 1949 of 2018 IN THE MATTER OF BRUCE BROS FLOOR COVERINGS PTY LTD (IN LIQUIDATION) (ACN 125 933 913) BETWEEN: LIAM THOMAS BAILEY IN HIS CAPACITY AS LIQUIDATOR OF BRUCE BROS FLOOR COVERINGS PTY LTD (IN LIQUIDATION ) (ACN 125 933 913) First Plaintiff