Federal Court of Australia
Federal Court of Australia
Quin, in the matter of Harman Properties Pty Ltd (in liq) v Harman [2020] FCA 1671 File number(s): VID 278 of 2020
Judgment of: ANDERSON J
Date of judgment: 17 November 2020
Date of publication of reasons: 18 November 2020
Catchwords: CORPORATIONS – insolvency – former trustee company – whether liquidator should be appointed receiver and manager over the assets of the relevant trust – appropriate that liquidator be appointed receiver of the trust assets CORPORATIONS – insolvency – whether the liquidator's remuneration, costs and expenses as liquidator and receiver be paid from trust assets – appropriate that such amounts be paid from trust assets CORPORATIONS – insolvency – whether appropriate to fix the remuneration, costs and expenses of the receivership – appropriate to make orders fixing costs of receivership
Legislation: Corporations Act 2001 (Cth), Schedule 2, ss 60-10, 60-12, 90-15 and 90-20 Federal Court of Australia Act 1976 (Cth), s 57 Federal Court Rules 2011 (Cth), rr 14.21, 14.22, 14.24
Cases cited: Amirbeaggi, in the matter of Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Application of Sutherland [2004] NSWSC 798 Apostolou v VA Corporation of Aust Pty Ltd [2011] FCAFC 103 Bailey (Liquidator) v Rock Solid Rendering Pty Ltd (in liquidation) as trustee of the Rock Solid Trust, in the matter of Rock Solid Rendering Pty Ltd (in liquidation) [2020] FCA 600 Cremin, in the matter of Brimson Pty Ltd (in liquidation) [2019] FCA 1023 Hillig (Liquidator), in the matter of SKC & Co Pty Ltd (in liquidation) [2020] FCA 454 Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 In re Universal Distributing Co Ltd (In Liquidation) (1933) 48 CLR 171 Jones v Matrix Partner Pty Ltd; re Killarnee Civil & Concrete Contractors Pty Ltd (in liquidation) [2018] FCAFC 40 Michell (Liquidator) v Delltta Holdings Pty Ltd (in liq) atf The Brookhill Trust [2019] FCA 2133 Re Stansfield DIY Wealth Pty Ltd (in liq) [2014] NSWSC 1484 Re Suco Gold Pty Ltd (in liq) (1983) 33 SASR 99 Stewart v Atco Controls Pty Ltd (In Liquidation) (2014) 252 CLR 307
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