Federal Court of Australia
Federal Court of Australia
Mutton (Liquidator), in the matter of Raftery Creek Pty Ltd (In Liquidation) v Rural Intention Pty Ltd [2020] FCA 1217 File number: VID 1397 of 2019
Judgment of: ANASTASSIOU J
Date of judgment: 1 September 2020
Catchwords: CORPORATIONS – corporate trustee in liquidation – trust deed provides for removal of trustee in event of liquidation – application by trust unit holder for appointment of alternative trustee – application by trust unit holder for alternative trustee to be appointed receiver over the trust property – application granted
Legislation: Federal Court Rules 2011 (Cth), r 9.21
Cases cited: Hodges v Waters (No 7) [2015] FCA 264; 232 FCR 97
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of last submission: 29 July 2020
Date of hearing: 2 June 2020
Counsel for the Applicants: Mr J. Kohn
Solicitor for the Applicants: Stacks Law Firm
Solicitor for Azana Investments Pty Ltd: Mr A. Green, SBA Law
ORDERS VID 1397 of 2019
BETWEEN: MR DAVID MARK MUTTON, IN HIS CAPACITY AS LIQUIDATOR OF RAFTERY CREEK PTY LTD (IN LIQUIDATION) ACN 145 766 650 First Applicant
RAFTERY CREEK PTY LTD (IN LIQUIDATION) ACN 145 766 650 Second Applicant
AND: RURAL INTENTION PTY LTD ACN 146 022 728 Respondent
order made by: ANASTASSIOU J DATE OF ORDER: 1 september 2020
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