Federal Court of Australia
Federal Court of Australia
Di Carlo v Rossi Group Pty Ltd (In Liq) [2020] FCA 1337 File number: VID 470 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 10 September 2020
Catchwords: CORPORATIONS – former corporate trustee company in liquidation – trust deed provides for removal of trustee on liquidator – application by liquidator to deal with trust assets – application granted
Legislation: Corporations Act 2001 (Cth), ss 420, 477, 1318, 90-15 of Sch 2 Federal Court of Australia Act 1976 (Cth), s 57 Federal Court Rules 2011 (Cth), rr 14.21, 14.22 Judiciary Act 1901 (Cth), s 79 Trustee Act 1958 (Vic) ss 63, 67
Cases cited: Mutton (Liquidator), in the matter of Balsub Pty Ltd (in liquidation) [2020] FCA 741; 145 ACSR 342 National Australia Bank Limited v Bond Brewing Holdings Limited [1991] 1 VR 386
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 5
Date of hearing: 10 September 2020
Solicitor for the Applicants: Mr J. Quah of SLF Lawyers
Solicitor for the Interested Person: Ms B. Williamson of Dentons
ORDERS VID 470 of 2020
BETWEEN: RENEE SARAH DI CARLO First Applicant
ANTHONY ROBERT CANT Second Applicant
AND: ROSSI GROUP PTY LTD (IN LIQUIDATION) ACN 104 037 498 AS TRUSTEE FOR THE ROSSI CHILDRENS TRUST Respondent
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