Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frisken, in the matter of Avant Garde Investments Pty Ltd v Cheema [2020] FCA 98 File number: NSD 1820 of 2019
Judge: JAGOT J
Date of judgment: 4 February 2020
Catchwords: CORPORATIONS: appointment of liquidator liquidator must be and appear to be impartial liquidator retained same solicitor as receiver before retaining independent solicitor and convened a meeting of secured creditors only no reasonable apprehension of lack of impartiality on behalf of liquidator proposed by receiver
Legislation: Corporations Act 2001 (Cth) ss 459A, 588J
Cases cited: Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85; (2014) 223 FCR 204 (2014) 223 FCR 204 Deputy Commissioner of Taxation, in the matter of WD Hall Pty Ltd v WD Hall Pty Ltd [2017] FCA 767 Re Chevron Furnishers Pty Ltd (in liq) (No 2) [1995] 1 Qd R 125
Date of hearing: 4 February 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 25
Counsel for the Plaintiff: Mr EA Walker
Solicitor for the Plaintiff: Fortis Law Group
Counsel for the First Defendant: Mr DA Hughes
Solicitor for the First Defendant: Norton Rose Fulbright Australia
Counsel for the Second Defendant: The Second Defendant did not appear
Table of Corrections
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