Federal Court of Australia
Federal Court of Australia
Lock, in the matter of Lock [2021] FCA 682 File number: SAD 80 of 2021
Judgment of: WHITE J
Date of judgment: 4 June 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – uncontested application for replacement of liquidator and trustee of bankrupt estates – where the resigning liquidator and the appointee are principals of the same firm – application granted.
Legislation: Bankruptcy Act 1966 (Cth) s 180 Corporations Act 2001 (Cth) s 473A; Sch 2 s 90-15 Federal Courts (Corporations) Rules 2000 r 2.8(3) Insolvency Practice Rules (Corporations) 2016 r 70-30
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 17
Date of hearing: 4 June 2021
Counsel for the Plaintiffs: Mr O Sheahan
Solicitor for the Plaintiffs: Sheahan Lock Partners
ORDERS SAD 80 of 2021 IN THE MATTER OF IAN RUSSELL LOCK BETWEEN: IAN RUSSELL LOCK First Plaintiff
JOHN SHEAHAN Second Plaintiff
order made by: WHITE J DATE OF ORDER: 4 JUNE 2021
THE COURT NOTES THAT:
1. The First Plaintiff, Mr Lock, has resigned as liquidator of the companies listed in Schedule 1 to these orders with those resignations to take effect from 30 June 2021. 2. The Plaintiffs agree that they bear their own costs of these proceedings and of the actions taken to implement the resignations and the appointment of the Second Plaintiff in his place. 3. No person other than the plaintiffs has sought to be heard on the application.
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