Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Knight, in the matter of Second ICO Pty Ltd (In Liq) [2020] FCA 608 File numbers: VID 214 of 2020
Judge: ANDERSON J
Date of judgment: 7 May 2020
Catchwords: CORPORATIONS – company in liquidation was trustee of a trust prior to liquidation – company now bare trustee of property of a trust – application by liquidator for his appointment as receiver of trust property – application by liquidator for special leave to distribute surplus – application by liquidator that related procedural requirements be dispensed with Held: application granted – liquidator appointed as receiver of trust property – special leave granted to distribute surplus – related procedural requirements dispensed with
Legislation: Corporations Act 2001 (Cth) s 488(2) Federal Court of Australia Act 1976 (Cth) s 57(1) Corporations Regulations 2001 (Cth) reg 5.6.71(1) Federal Court (Corporations) Rules 2000 (Cth) rr 7.9, 7.9(1), 7.9(2)
Cases cited: Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438; 34 ACLR 16 Re Hawden Property Group Pty Ltd (ACN 003 528 345) (in liq) [2018] NSWSC 481; 125 ACSR 355 Warner (liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547
Date of hearing: 7 May 2020
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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