Bolwell (Liquidator), in the matter of Mandalay Road Holdings Pty Ltd (in liq) v Goldsmith-Medd (Trustee) [2021] FCA 479

Federal Court of Australia

Bolwell (Liquidator), in the matter of Mandalay Road Holdings Pty Ltd (in liq) v Goldsmith-Medd (Trustee) [2021] FCA 479 File number: QUD 276 of 2020

Judgment of: REEVES J

Date of judgment: 7 May 2021

Catchwords: CORPORATIONS – application under s 57 of the Federal Court of Australia Act 1976 (Cth) for the appointment of a receiver – where the application is brought by the liquidator of an insolvent corporation which was once trustee to exercise a right of indemnity against the asset of the trust – where the application included orders which fixed the remuneration, costs and expenses of the applicant should he be appointed receiver – whether it is just and convenient for such orders to be made – application adjourned until further orders made.

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Trusts Act 1973 (Qld)

Cases cited: Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal (No 4) [2011] FCA 1503 Carrello, in the matter of Gembrook Investments Pty Ltd (in liq) [2019] FCA 1143 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 368 ALR 390; [2019] HCA 20 Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 882 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310; [2018] FCAFC 40 Porter v Australian Prudential Regulation Authority (2010) 184 FCR 382; [2010] FCA 125 Re Suncoast Restoration Pty Ltd (in liq) (2013) 211 FCR 203; [2013] FCA 355 Walley, in the matter of Royal National Capital Alliance Ltd (Administrators Appointed) [2020] FCA 1574