Markey (Liquidator), in the matter of Bestjet Travel Pty Ltd (in liq) v Bestjet Travel Pty Ltd (in liq) [2020] FCA 1881

Federal Court of Australia

Markey (Liquidator), in the matter of Bestjet Travel Pty Ltd (in liq) v Bestjet Travel Pty Ltd (in liq) [2020] FCA 1881 File number: QUD 170 of 2020

Judgment of: REEVES J

Date of judgment: 23 July 2020

Date of publication of reasons: 24 December 2020

Catchwords: CORPORATIONS – application for the appointment of a special purpose liquidator under s 90-10 of the Insolvency Practice Schedule (Schedule 2 to the Corporations Act 2001 (Cth)) – where the plaintiffs are the liquidators of two related companies – where one company lodged a proof of debt in the other giving rise to a conflict of interest and duty – whether the special purpose is substantial and serious – whether that purpose has been sufficiently defined – application granted

Legislation: Corporations Act 2001 (Cth) Insolvency Practice Schedule (Schedule 2 to the Corporations Act 2001 (Cth))

Cases cited: Deputy Commissioner of Taxation, in the matter of Italian Prestige Jewellery Pty Ltd (In Liq) ACN 116 031 022 v Italian Prestige Jewellery Pty Limited (2018) 129 ACSR 115; [2018] FCA 983 GDK Projects Pty Ltd, Re Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 Handberg, in the matter of Greight Pty Ltd (in liq) (2006) 56 ACSR 334; [2006] FCA 17 In the matter of Aus Streaming (In Liq) [2020] VSC 313 McGrath & Anor re HIH Insurance Ltd & Ors [2006] NSWSC 385 Melhelm Pty Ltd, in the matter of Boka Beverages Pty Ltd (in liq) v Boka Beverages Pty Ltd (in liq) (2019) 138 ACSR 95; [2019] FCA 1184 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 Warner (liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Williams & Kersten Pty Ltd v Walton Construction (Qld) Pty Ltd (in liq), in the matter of Walton Construction (Qld) Pty Ltd (in liq) [2019] FCA 1201