Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Connelly, in the matter of Gregorski Investments Pty Ltd (in liq) v 320 Nominees Pty Ltd as trustee of the Gregorski Property Trust [2019] FCA 1400 File number: QUD 512 of 2019
Judge: DERRINGTON J
Date of judgment: 29 August 2019
Catchwords: CORPORATIONS – insolvent corporate trustee – new trustee appointed – liquidators' application to be appointed receiver over assets of trust to enforce lien of former trustee TRUSTS – former trustee's right of exoneration – appointment of trustee's liquidators as receivers of trust asset to enforce right to exoneration and supporting lien – whether current trustee should sell trust assets to discharge right of indemnity
Legislation: Corporations Act 2001 (Cth), Sch 2 ss 45-1 and 90-15 Federal Court of Australia Act 1976 (Cth), 57
Cases cited: ASIC v Brendale Capital Securities Pty Ltd [2019] FCA 595 Bruton Holdings Pty Ltd (in liq) v Commissioner of Taxation (2009) 239 CLR 346 Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807 Chief Commissioner of Stamp Duties v Buckle (1990) 192 CLR 226 Cremin, re Brimson Pty Ltd (in liq) [2019] FCA 1023 Hosking, re Business Aptitude Pty Ltd (in liq) [2016] FCA 1438 Lane v Deputy Commissioner of Taxation (2017) 253 FCR 46 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 Re Suco Gold Pty Ltd (in liq) (1983) 33 SASR 99 Trenfield, re Crusaders Managers Pty Ltd (administrators appointed) [2018] FCA 876
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