Kucianski (liquidator), in the matter of Johnson Roofing Pty Ltd (in liquidation) [2021] FCA 1370

Federal Court of Australia

Kucianski (liquidator), in the matter of Johnson Roofing Pty Ltd (in liquidation) [2021] FCA 1370 File number(s): VID 566 of 2021

Judgment of: ANDERSON J

Date of judgment: 5 November 2021

Catchwords: CORPORATIONS – insolvency - orders in relation to external administration – liquidator powers to deal with trust property – the liquidator seeks an order that he is justified and acting reasonably in proceeding on the basis that the company carried on business and holds all of its assets as trustee – the liquidator also seeks an order pursuant to s 63 of the Trustee Act 1958 (Vic) giving him powers to deal with trust property, an order relieving him from any liability for having already dealt with trust property as well as ancillary orders, including as to remuneration and expenses – application allowed

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Trustee Act 1958 (Vic)

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] FCA1023; 136 ACSR 649 Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 In the matter of St George's Development Company Pty Ltd (in liq) [2018] VSC 595 Jess, in the matter of Westside Group Pty Ltd (in liq) [2020] FCA 1586 JML Property Services Pty Ltd (in liquidation) [2018] NSWSC 1069 Jones (Liquidator) v Matrix Partners Pty ltd, in the matter of Killarnee Civil & Concrete Contractors Pty ltd (in liq) [2018] FCAFC 40, 124 ACSR 586 Lawrence (liquidator), in the matter of LXNDR Group Pty Ltd (in liq) [2021] FCA 1243 Re Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331