Federal Court of Australia
Federal Court of Australia
Phillips (Liquidator), in the matter of Scope Plastics Pty Ltd (in liq) [2021] FCA 437 File number: SAD 61 of 2021
Judgment of: WHITE J
Date of judgment: 23 April 2021
Date of publication of reasons: 29 April 2021
Catchwords: TRUST AND TRUSTEES – application brought by the liquidator of a corporate trustee to be appointed as receiver of the property of the Trust under s 57 of the Federal Court of Australia Act 1976 (Cth) – application granted.
Legislation: Corporations Act 2001 (Cth) s 556 Federal Court of Australia Act 1976 (Cth) s 57 Insolvency Practice Schedule (Corporations) s 90-15
Cases cited: Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 Martyniuk v King [2000] VSC 319 Michell (Liquidator) v Delltta Holdings Pty Ltd (in liq) atf The Brookhill Trust [2019] FCA 2133 Re Pako Supermarkets [2020] VSC 487 Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600 University of Western Australia v Gray (No 6) [2006] FCA 1825
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 25
Date of hearing: 23 April 2021
Counsel for the Plaintiffs: Mr S Evans
Solicitor for the Plaintiffs: Oakbridge Lawyers Pty Ltd
ORDERS SAD 61 of 2021 IN THE MATTER OF SCOPE PLASTICS PTY LTD ACN 128 631 274 (IN LIQUIDATION) ANTHONY JOHN ARTHUR PHILLIPS AS LIQUIDATOR OF SCOPE PLASTICS PTY LTD ACN 128 631 274 (IN LIQUIDATION) First Plaintiff
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