Stimpson, as liquidator of Suncoast Pipelines Plant Hire Pty Ltd (In Liq) v Suncoast Pipelines Plant Hire Pty Ltd (In Liq) [2020] FCA 1844

Federal Court of Australia

Stimpson, as liquidator of Suncoast Pipelines Plant Hire Pty Ltd (In Liq) v Suncoast Pipelines Plant Hire Pty Ltd (In Liq) [2020] FCA 1844 File number(s): QUD 325 of 2020

Judgment of: GREENWOOD J

Date of judgment: 11 December 2020

Catchwords: CORPORATIONS – consideration of an application under s 57 of the Federal Court of Australia Act 1976 (Cth) for the appointment of the applicant liquidator as receiver, without security, over the property, assets and undertaking of the relevant company in its capacity as trustee of a Unit Trust as constituted by a Trust Deed dated 16 June 2008

Legislation: Federal Court of Australia Act 1976 (Cth), s 57(1) Corporations Act 2001 (Cth), ss 420, 477(2)(c)

Cases cited: Aced Kang Investments Pty Ltd (in liq) in the matter of Aced Kang Investments Pty Ltd (in liq) [2017] FCA 476 Kite v Mooney, in the matter of Mooney's Contractors Pty Ltd (in liq) [2016] FCA 886 Re Stansfield DIY Wealth Pty Limited (in liq) [2014] NSWSC 1484; (2014) 291 FLR 17

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 13

Date of hearing: 11 December 2020

Solicitor for the Applicant: Celtic Legal

ORDERS QUD 325 of 2020

BETWEEN: DAVID MICHAEL STIMPSON AS LIQUIDATOR OF SUNCOAST PIPELINES PLANT HIRE PTY LTD ACN 130 847 817 (IN LIQUIDATION) AS TRUSTEE FOR THE SUNCOAST PIPELINES UNIT TRUST Applicant

AND: SUNCOAST PIPELINES PLANT HIRE PTY LTD ACN 130 847 817 (IN LIQUIDATION) AS TRUSTEE FOR THE SUNCOAST PIPELINES UNIT TRUST Respondent