Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deppeler, in the matter of Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 File number(s): VID 291 of 2020
Judge(s): ANDERSON J
Date of judgment: 30 July 2020
Date of publication of reasons: 6 August 2020
Catchwords: CORPORATIONS – insolvency – trustee company – orders sought for purpose of facilitating dealing with and distributing assets of the company – orders directed to enabling winding up Held: Orders sought are appropriate based on evidence presented to the Court
Legislation: Corporations Act 2001 (Cth), Parts 5.5 and 5.6, ss 556, 1318, Schedule 2 – Insolvency Practice Schedule (Corporations), s 90-15 Trustee Act 1958 (Vic), ss 63 and 67
Cases cited: Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 CGU Insurance Ltd v One.Tel Ltd (in liq) (2010) 242 CLR 174 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 Deputy Commissioner of Taxation v Darwin Joinery Pty Ltd, in the matter of Darwin Joinery Pty Ltd [2018] FCA 753 FCT v Bruton Holdings Pty Ltd (in liq) (2008) 173 FCR 472 Freelance Global v Bensted [2016] VSC 181 Gleeson, in the matter of Kingston Property Holdings Pty Limited (No 2) [2017] FCA 974 Herdegen v Federal Commissioner of Taxation (1988) 84 ALR 271 In the matter of Houben Marine Pty Ltd (in liq) [2018] NSWSC 745 In the matter of JML Property Services Pty Ltd (in liquidation) [2018] NSWSC 1069 In the matter of St George's Development Company Pty Ltd (in liq) [2018] VSC 595 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 Kite v Mooney, in the matter of Mooney's Contractors Pty Ltd (in liq) (No 2) [2017] FCA 653 Re Mackie Group Pty Ltd (in liq) (in its capacity as Trustee of the Jupelina Unit Trust) [2017] VSC 477 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Re Metrobore Australia Pty Ltd [2014] VSC 247 Theobald, in the matter of Finplas Pty Ltd [2014] FCA 31
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