Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 7) [2020] FCA 248 File number: NSD 2191 of 2018
Judge: GLEESON J
Date of judgment: 3 March 2020
Catchwords: INSOLVENCY – application by liquidator for directions under s 90-15 of Div 90 of Sch 2 (Insolvency Practice Schedule) to the Corporations Act 2001 (Cth) – where liquidators seek judicial advice with respect to closing out of extant investments of investors in the insolvent entity – whether appropriate for Court to give judicial advice – whether a matter of business and commercial judgment – application refused
Legislation: Corporations Act 2001 (Cth) s 479(3), Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Corporations Act 2001 (Cth) s 479(3) Trustee Act 1925 (NSW) s 63 Companies Act 1993 (NZ) s 284
Cases cited: Application by Muhammad Elias Attia [2020] NSWSC 94 Partridge v Equity Trustees Executors and Agency Company Ltd (1947) 75 CLR 149 Re Ansett Australia Ltd (admins apptd) and Korda [2002] FCA 90; (2002) 115 FCR 409; 40 ACSR 433 Re Kerr [2019] FCA 1614; 139 ACSR 192 Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 Re One. Tel Ltd [2014] NSWSC 457; (2014) 99 ACSR 247 Re Plutus Payroll Australia Pty Ltd (In Liq) [2019] NSWSC 1171 Warner (liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547
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