Federal Court of Australia
Federal Court of Australia
Anderson (Liquidator) v Aravanis (Trustee), in the matter of Anderson [2021] FCA 1185 File number: WAD 148 of 2021
Judgment of: COLVIN J
Date of judgment: 30 September 2021
Catchwords: CORPORATIONS - application for relief under s 89 of Trustees Act 1962 (WA) - where plaintiff as liquidator of company allowed sale of company's assets by auction - where company was trustee of trust - where plaintiff subsequently became aware company removed as trustee upon liquidation by terms of trust deed - application allowed CORPORATIONS - application for orders under s 1318(2) of Corporations Act 2001 (Cth) - whether real possibility that claim might be made against liquidator for breach of trust - application refused
Legislation: Corporations Act 2001 (Cth) s 1318 Trustees Act 1962 (WA) s 89
Cases cited: Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 Hughes, in the matter of Substar Holdings Pty Ltd (in liq) [2020] FCA 1863 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; (2018) 260 FCR 310 Pleash, in the matter of Suncoast Restoration Pty Ltd (in liq) [2013] FCA 355; (2013) 211 FCR 203 Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505 Theobald, in the matter of Finplas Pty Ltd [2014] FCA 31
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