Harris (Trustee for the Nedyah Investment Trust) v Evans, in the matter of Canford Property Group Pty Ltd [2019] FCA 840

FEDERAL COURT OF AUSTRALIA

Harris (Trustee for the Nedyah Investment Trust) v Evans, in the matter of Canford Property Group Pty Ltd [2019] FCA 840 File number(s): QUD 799 of 2018

Judge(s): GREENWOOD J

Date of judgment: 4 June 2019

Catchwords: CORPORATIONS – consideration of an application for the winding up of a company on the just and equitable ground of s 461(1)(k) of the Corporations Act 2001 (Cth) – consideration of whether upon the making of the winding-up order the provisional liquidator ought to be appointed as liquidator – consideration of whether the plaintiff ought to have his costs of the winding-up application or alternatively the costs of the interlocutory application to appoint a liquidator provisionally, out of the property of the company for the purposes of s 466(2) of the Corporations Act 2001 (Cth) – application of the orthodoxy of the decision of the High Court in Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin

Legislation: Corporations Act 2001 (Cth), ss 461(1), 472, 466

Cases cited: Harris (Trustee for the Nedyah Investment Trust) v Evans, in the matter of Canford Property Group Pty Ltd [2018] FCA 1856 Plaintiff M40/2015; Plaintiff M41/2015 v Minister for Immigration and Border Protection and Another [2015] HCATrans 97 Plaintiff M150 of 2013 by his Litigation Guardian Sister Brigid Marie Arthur v Minister for Immigration and Border Protection and Anor; Plaintiff S297/2013 v Minister for Immigration and Border Protection and Anor [2014] HCATrans 147 Plaintiff S193/2018 v The Judges of the Federal Court of Australia & Anor [2019] HCATrans 65 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Re Narla Prospecting Pty Ltd (1992) 10 ACLC 1,310 Woollahra Municipal Council v Minister for Local Government & Ors [2017] HCATrans 244