Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mutton (Liquidator), in the matter of Balsub Pty Ltd (In Liquidation) [2020] FCA 741 File number: VID 61 of 2020
Judge: ANASTASSIOU J
Date of judgment: 1 June 2020
Catchwords: CORPORATIONS – former corporate trustee company in liquidation – trust deed provides for removal of trustee on liquidator – no replacement trustee appointed – application by liquidator for orders pursuant to s 1318 of the Corporations Act 2001 (Cth), s 63 of the Trustee Act 1958 (Vic) and s 90-15 of the Insolvency Practice Schedule (Corporations) to enable liquidator to deal with trust assets – application granted CORPORATIONS – application by liquidator for relief from liability pursuant to s 1318 of the Corporations Act and s 67 of the Trustee Act for past dealings with trust property – application denied with liberty to apply on further material
Legislation: Corporations Act 2001 (Cth), ss 556 and 1318 Trustee Act 1958 (Vic), ss 48, 63, 63A and 67
Cases cited: Amirbeaggi, in the Matter of Simpkiss Pty Ltd (in Liq) [2018] FCA 2121 Bastion v Gideon Investments Pty Ltd (in liq) [2000] NSWSC 939; 35 ACSR 466 Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20; 93 ALJR 807; 368 ALR 390; 17 ABC(NS) 1 Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Commonwealth v Byrnes [2018] VSCA 41; 54 VR 230 Graf Holdings & Parer Holdings [1999] NSWSC 217 In the Matter of ICS Real Estate Pty Ltd (in liq) [2014] NSWSC 479 JA Pty Ltd v Jonco Holdings Pty Ltd [2000] NSWSC 147; 33 ACSR 691 John Vouris Re; Epromotions Australia Pty Ltd and Relectronic-Remech Pty Ltd (In Liq) [2003] NSWSC 702; 47 ACSR 155 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; 260 FCR 310 Mohen (Liquidator), in the Matter Of Willco Breads Pty Ltd (in Liq) [2019] FCA 1539 Re Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127; 121 ACSR 201 Re National Personnel Pty Ltd (in liq) [2012] VSC 508 Re Rolcross Pty Ltd (in liq) [2012] NSWSC 846 Re Suncoast Restoration Pty Ltd (in liq) [2013] FCA 355; 211 FCR 203; 93 ACSR 606
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