Federal Court of Australia
Federal Court of Australia
Nikitins (Liquidator) v EncoreFX (Australia) Pty Ltd (in liq), in the matter of EncoreFX (Australia) Pty Ltd (in liq) [2020] FCA 1189 File number: NSD 631 of 2020
Judgment of: COLVIN J
Date of judgment: 18 August 2020
Catchwords: CORPORATIONS - application for directions by way of judicial advice pursuant to s 90-15 of Insolvency Practice Schedule (Corporations) - whether liquidators justified in pooling and utilising funds held by them and recovered in claim on behalf of company in liquidation - whether liquidators justified in treating and distributing pooled funds as assets of company - orders made substantially in terms sought by liquidators
Legislation: Corporations Act 2001 (Cth) Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15
Cases cited: In the matter of Go Energy Group Ltd [2019] NSWSC 558 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Preston, in the matter of Sandalwood Properties Ltd [2018] FCA 547 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 6) [2020] FCA 1172 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 3) [2018] FCA 711 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 5) [2018] FCA 1847 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 6) [2019] FCA 17
Division: General Division
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