Federal Court of Australia
Federal Court of Australia
Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505 File number: VID 167 of 2021
Judgment of: BEACH J
Date of judgment: 12 May 2021
Date of publication of reasons: 13 May 2021
Catchwords: CORPORATIONS – bare trustee – insolvency of corporate trustee – winding up of trust – necessary powers – s 63 of Trustee Act 1958 (Vic) – power of sale – orders and directions – s 90-15 of Schedule 2 (Insolvency Practice Schedule (Corporations)) to Corporations Act 2001 (Cth) – analogous application of Parts 5.5 and 5.6 to application and distribution of trust property – orders made
Legislation: Corporations Act 2001 (Cth) s 556; Pt 5.5, 5.6; Sch 2, s 90-15 Trustee Act 1958 (Vic) s 63
Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth and others (2019) 368 ALR 390 Re Cremin (in his capacity as liquidator of Brimson Pty Ltd in (ACN 621 156 643) (in liq) and others) (2019) 136 ACSR 649
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 12 May 2021
Counsel for the Plaintiffs: Mr S Freire
Solicitors for the Plaintiffs: Boris Pogoriller
ORDERS VID 167 of 2021 IN THE MATTER OF GARROWS CLOSE PTY LTD (IN LIQUIDATION) (ACN 072 231 782) GIDEON ISAAC RATHNER AND MATTHEW BRIAN SWEENY IN THEIR CAPACITY AS JOINT AND SEVEAL LIQUIDATORS OF GARROWS CLOSE PTY LTD (IN LIQUIDATION) (ACN 072 231 782) First Plaintiff
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