Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd (No 2) [2021] FCA 547

Federal Court of Australia

Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd (No 2) [2021] FCA 547 File number(s): VID 329 of 2020

Judgment of: ANDERSON J

Date of judgment: 24 May 2021

Catchwords: CORPORATIONS – liquidators of former corporate trustee seeking appointment as receiver and manager under s 57(1) of the Federal Court of Australia Act 1976 (Cth) – discretionary trust – former trustee replaced by new corporate trustee – appointment made CORPORATIONS – terms of appointment of receiver and manager – where liquidators' fees to date appear to be excessive and disproportionate – order made that liquidators' and receiver and manager's fees to be subject to Court approval

Legislation: Federal Court of Australia Act 1976 (Cth), s 57 Corporations Act 2001 (Cth), Schedule 2, cl 90-15

Cases cited: Bendigo and Adelaide Bank Limited, in the matter of Reborn Enterprises Pty Ltd (Trustee) v Reborn Enterprises Pty Ltd (Trustee) [2016] FCA 1197 Carrello, in the matter of Gembrook Investments Pty Ltd (in liq) [2019] FCA 1143 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Chief Commissioner of Stamp Duties for New South Wales v Buckle (1998) 192 CLR 226 Commissioner of Taxation v Iannuzzi (No 2) [2019] FCA 1818 Freeman, in the matter of Blue Oasis Holdings Pty Ltd (In Liquidation) [2018] FCA 822 Grime Carter & Co Pty Ltd v Whytes Furniture (Dubbo) Pty Ltd [1983] 1 NSWLR 158 Hosking, in the matter of Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 In the matter of Stansfield DIY Wealth Pty Ltd (in liquidation) [2014] NSWSC 1484 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 Kite v Mooney, in the matter of Mooney's Contractors Pty Ltd (in liq) [2016] FCA 886 Krejci, Re Camporeale Properties Pty Ltd (In Liq) [2019] FCA 2199 Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841 Martyniuk v King & Ors [2000] VSC 319 National Australia Bank Ltd v Bond Brewing Holdings [1991] VR 386 QBE Insurance (Australia) Ltd v WA Metal Recycling Pty Ltd, in the matter of WA Metal Recycling Pty Ltd (in Liq) [2016] FCA 238 Pleash, in the matter of Suncoast Restoration Pty Ltd (in liq) [2013] FCA 355 Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd [2021] FCA 483 Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600 SMP Consolidated Pty Ltd (in liquidation) v Posmot Pty Limited [2014] FCA 1382 Templeton v Australian Securities and Investments Commission [2015] FCAFC 137 The University of Western Australia v Gray (No 6) [2006] FCA 1825