Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quinlan, in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) (No 3) [2019] FCA 124 File number: NSD 2191 of 2018
Judge: GLEESON J
Date of judgment: 25 January 2019
Date of publication of reasons: 14 February 2019
Catchwords: BANKRUPTCY AND INSOLVENCY – application by administrators for directions – where company funds and trust funds may be co-mingled – whether administrators can use potential trust funds in performing statutory responsibilities – application allowed
Legislation: Corporations Act 2001 (Cth) ss 437A(1)(d), 439A(6), 981H, Sch 2 s 901-15(1) Trustee Act 1925 (NSW) ss 63, 81
Cases cited: AAA Financial Intelligence Ltd (in liq) [2014] NSWSC 1004 Hodges v Waters (No 7) [2015] FCA 264; 232 FCR 97 In re Universal Distributing Co. Ltd (in liquidation) [1933] HCA 2; (1933) 48 CLR 171 In re Australian Institute of Professional Education Pty Ltd (in liq) [2018] NSWSC 1028 In re Bevillesta Pty Limited (In Voluntary Administration) [2011] NSWSC 417; (2011) 254 FLR 324; 84 ACSR 215 In re International Art Holdings Pty Ltd (Admin Apptd) [2011] NSWSC 164; 85 ACSR 1 In re Renovation Boys Pty Ltd (admins apptd) [2014] NSWSC 340 Jones v Matrix Partners Pty Ltd, Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 Re Ansett Australia Ltd [2001] FCA 1439; (2001) 39 ACSR 355 Re One.Tel Networks Holdings Pty Ltd [2001] NSWSC 1065; (2001) 40 ACSR 83 White, in re Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63
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