Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980

FEDERAL COURT OF AUSTRALIA

Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 File number(s): VID 326 of 2021

Judgment of: O'BRYAN J

Date of judgment: 17 August 2021

Date of publication of reasons: 19 August 2021

Catchwords: CORPORATIONS – insolvency – trustee company – orders sought for purpose of facilitating dealing with and distributing assets of the company – orders directed to enabling winding up

Legislation: Corporations Act 2001 (Cth), Parts 5.5 and 5.6, ss 556, 1318, Schedule 2 – Insolvency Practice Schedule (Corporations), s 90-15 Trustee Act 1958 (Vic), s 63

Cases cited: Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 In the matter of Hawden Property Group Pty Ltd (in liq) [2018] NSWSC 481; 125 ACSR 355 Jess, in the matter of Westside Group Pty Ltd (in liq) [2020] FCA 1586 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310 Mutton (liquidator), Re Balsub Pty Ltd (in liq) [2020] FCA 741; 145 ACSR 342 Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505 Re Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 Re Cremin (in his capacity as liquidator of Brimson Pty Ltd in (ACN 621 156 643) (in liq) and others) [2019] FCA 1023; 136 ACSR 649 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Re Pako Supermarkets Pty Ltd (in liq) [2020] VSC 487 Re Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Re St George's Development Company Pty Ltd (in liq) [2018] VSC 595 Re Waratah Group Pty Ltd [2020] VSC 523