Federal Court of Australia
Federal Court of Australia
Topp (Liquidator), in the matter of Aidzan Pty Limited (in Liquidation) v Nazdia Pty Limited (No 2) [2020] FCA 1780 File number(s): NSD 306 of 2019
Judgment of: RARES J
Date of judgment: 17 December 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – Court appointed receivers' application for approval of remuneration and expenses and termination of receivership – whether remuneration paid to receivers reasonable – where trust deed of corporate trustee in liquidation and receivership lost – where clause in template trust deed of firm of solicitors used to draft missing trust deed provided liquidation disqualified trustee from holding office – whether provisions in template trust deed required Court not to terminate receivership
Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 14.24, 30.04 Corporations Act 2001 (Cth) ss 425, 471B )
Cases cited: Hosking (Liquidator); In the Matter of Business Aptitude Pty Ltd (In Liq) [2017] FCA 1417 Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545 Topp (Liquidator), in the matter of Aidzan Pty Ltd (in Liquidation) v Nazdia Pty Limited [2020] FCA 1764
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 17
Date of hearing: 17 December 2020
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