Federal Court of Australia
Federal Court of Australia
Pirina, in the matter of Fund Options (Australia) Pty Ltd (in liquidation) [2020] FCA 1256 File number: NSD 1383 of 2018
Judgment of: FARRELL J
Date of judgment: 2 September 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – creditors' voluntary winding up – application for orders in the nature of judicial advice under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth)– where orders of the same kind made in favour of previous liquidator – where new liquidators seek assurance of their entitlement to rely on directions – application granted BANKRUPTCY AND INSOLVENCY – creditors' voluntary winding up – application for orders in the nature of judicial advice under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth)– where orders made in favour of previous liquidator – where new liquidators seek ratification of acts undertaken by them in reliance on directions in favour of previous liquidator – application refused BANKRUPTCY AND INSOLVENCY – creditors' voluntary winding up – application for orders under s 60-10(1) of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth)– where orders made in favour of previous liquidator in respect of anticipated remuneration – where new liquidators seek approval for undrawn remuneration – application granted
Legislation: Corporations Act 2001 (Cth) s 544 Corporations Act 2001 (Cth) Sch 2, Insolvency Practice Schedule (Corporations) ss 60-10, 60-12, 90-15, 90-20
Cases cited: GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 In the matter of One.Tel Limited [2014] NSWSC 457 Natkunarajah (Liquidator), in the matter of FLY365 Pty Ltd (in liquidation) [2020] FCA 419 Harris Scarfe Ltd (in liq) [2006] SASC 277; (2006) 203 FLR 46 Re Jay-O-Bees; Rosseau v Jay-O-Bees [2004] NSWSC 818 Sanderson as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38; (2017) 93 NSWLR 459 Walley, in the matter of Poles & Underground Pty Ltd (Administrators Appointed) [2017] FCA 486
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