Federal Court of Australia
Federal Court of Australia
Elkerton (liquidator), in the matter of CGB Property Holdings Pty Ltd (in liquidation) [2020] FCA 1464 File number(s): NSD 73 of 2020
Judgment of: FARRELL J
Date of judgment: 9 October 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – application by liquidator for appointment as receiver and manager pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth) – application pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) for order that the proceeds of sale of Trust assets be dealt with as assets in the winding up of the company – applications granted.
Legislation: Corporations Act 2001 (Cth) s 420 Corporations Act 2001 (Cth) Sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Federal Court of Australia Act 1976 (Cth) s 57 Federal Court Rules 2011 (Cth) rr 14.21, 14.22
Cases cited: Amirbeaggi, in the matter of Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 In the matter of Hercules Car Parking Systems (Victoria) Pty Ltd [2018] NSWSC 409 In the matter of Mecfab Holdings Pty Ltd [2015] NSWSC 46 In the matter of Montpac Pty Ltd (in liquidation) and Global Network Link Pty Limited (in liquidation) [2020] NSWSC 1237 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; (2018) 260 FCR 310
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