Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 9) [2020] FCA 925 File number: NSD 2191 of 2018
Judge: GLEESON J
Date of judgment: 2 July 2020
Catchwords: INSOLVENCY – application by liquidator – Div 60 of Pt 3 of the Insolvency Practice Schedule (Corporations) to the Corporations Act (2001) (Cth) –– determination of appropriate source of funds for payment of liquidation costs and expenses– reasonableness of liquidators remuneration PRACTICE AND PROCEDURE – order under s 54A of the Federal Court of Australia Act 1979 (Cth) –appointment of referee – determination of costs by referee – conduct of inquiry – form of written report
Legislation: Insolvency Practice Schedule (Corporations) to the Corporations Act (2001) (Cth) ss 60-05, 60-10(1)(c), 60-10(3)(b), 60-10(4), 60-12, 60-15, 90-15, 90-23(6), 90-23(7), 90-26(4) Federal Court of Australia Act 1979 (Cth) ss 37M, 54A Insolvency Practice Rules (Corporations) 2016 rr 28.65(7), 28.67, 90-7(2)
Cases cited: Deputy Commissioner of Taxation v Italian Prestige Jewellers Pty Ltd [2018[ FCA 983 In the matter of Primespace Property Investment Limited (in liquidation) [2016] NSWSC 1821 Kadam and ors v MiiResorts Group 1 Pty Ltd (No 4) [2017] FCA 1139; 252 FCR 298 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2012] FCA 558; (2012) 203 FCR 520 Re Roslea Path Ltd (in liquidation) [2013] 1 NZLR 207 Venetian Nominees Pty Ltd v Conlan (1998) 20 WAR 96; (1998) 16 ACLC 1653
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