Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Michell (Liquidator) v Delltta Holdings Pty Ltd (in liq) atf The Brookhill Trust [2019] FCA 2133 File number: VID 1176 of 2019
Judge: DAVIES J
Date of judgment: 13 December 2019
Catchwords: TRUSTS AND TRUSTEES – appointment of liquidator of former trustee company as receiver and manager of trust assets under s 57(1) of the Federal Court of Australia Act 1976 (Cth) – where liquidator does not hold sufficient assets to satisfy liabilities incurred while company was trustee – receiver and manager appointed over trust property to secure the trustee's right of indemnity out of the assets of the trust – leave granted under s 500(2) of the Corporations Act 2001 (Cth) to commence proceedings against company in liquidation – liquidator of current trustee company does not oppose appointment
Legislation: Corporations Act 2001 (Cth) ss 420, 500(2), Federal Court of Australia Act 1976 (Cth) ss 23, 57 Federal Court Rules 2011 (Cth) r 14.21, 14.22
Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20; 93 ALJR 807 Cremin, in the matter of Brimson Pty Ltd (in liquidation) [2019] FCA 1023 Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 Jones v Matrix Partner Pty Ltd; re Killarnee Civil & Concrete Contractors Pty Ltd (in liquidation) [2018] FCAFC 40; 260 FCR 310
Date of hearing: 13 December 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
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