Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849

FEDERAL COURT OF AUSTRALIA

Yeo, in the matter of Armstrong and Shaw Pty Ltd (in liq) v Whiteman [2020] FCA 849 File number: VID 215 of 2020

Judge: ANDERSON J

Date of judgment: 18 June 2020

Catchwords: PRACTICE AND PROCEDURE – application for stay of proceeding, or alternatively transfer of proceeding to Family Court of Australia – liquidators commenced proceeding in Federal Court alleging entitlement of liquidated companies to proceeds of sale of certain properties – liquidators allege first defendant was de facto director of each liquidated company – liquidators allege funds from bank accounts of liquidated companies were used to fund purchase of, or to meet mortgage repayments for, properties – separate proceedings on foot in Family Court where second and third defendants to this proceeding, and the Deputy Commissioner of Taxation, allege that they have an interest in the properties – whether, having regard to the interests of justice, it is more appropriate that the proceeding to be determined by the Family Court Held: proceeding transferred to the Family Court of Australia pursuant to s 1337H(2) of the Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth) ss 9, 600K, 1337C(1), 1337H, 1337H(1)(a)(i), 1337H(2), 1337L, 1337M, 1337R, Sch 2 (Insolvency Practice Schedule (Corporations)) ss 90-15 and 90-20 Family Law Act 1975 (Cth) ss 90AE(3)(c), 90SE, 90SF, 90SL, 90SM Federal Court of Australia Act 1976 (Cth) s 37M Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) ss 4(3), 5(5) Federal Court Rules 2011 (Cth) r 27.01