Jess, in the matter of Westside Group Pty Ltd (in liq) [2020] FCA 1586

Federal Court of Australia

Jess, in the matter of Westside Group Pty Ltd (in liq) [2020] FCA 1586 File number: VID 609 of 2020

Judgment of: O'BRYAN J

Date of judgment: 30 October 2020

Date of publication of reasons: 2 November 2020

Catchwords: CORPORATIONS – insolvency – trustee company – orders sought for purpose of facilitating dealing with and distributing assets of the company – orders directed to enabling winding up

Legislation: Corporations Act 2001 (Cth), Parts 5.5 and 5.6, ss 556, 1318, Schedule 2 – Insolvency Practice Schedule (Corporations), s 90-15 Trustee Act 1958 (Vic), ss 63 and 67

Cases cited: Bastion v Gideon Investments Pty Ltd (in liq) [2000] NSWSC 939; 35 ACSR 466 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 CGU Insurance Ltd v One.Tel Ltd (in liq) (2010) 242 CLR 174 Cremin, re Brimson Pty Ltd (in liq) [2019] FCA 1023; 136 ACSR 649 Re Grindey [1898] 2 Ch 593 Herdegen v Federal Commissioner of Taxation [1988] FCA 699; 84 ALR 271 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310 Ozito Industries Pty Ltd v Australian Securities and Investments Commission [2020] FCA 1432 Pleash, re Suncoast Restoration Pty Ltd (in liq) (2013) 211 FCR 203 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409 Re Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Re Pako Supermarkets Pty Ltd (in liq) [2020] VSC 487 Re Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Re St George's Development Company Pty Ltd (in liq) [2018] VSC 595 Re Vouris [2003] NSWSC 702; 177 FLR 289