Anderson, in the matter of Allabay Pty Ltd (In Liquidation) [2022] FCA 235

Federal Court of Australia

Anderson, in the matter of Allabay Pty Ltd (In Liquidation) [2022] FCA 235 File number(s): VID 27 of 2022

Judgment of: O'CALLAGHAN J

Date of judgment: 15 March 2022

Date of publication of reasons: 16 March 2022

Catchwords: CORPORATIONS – where company in liquidation operated exclusively as trustee of a trust – where company was the bare trustee of the trust upon appointment of a liquidator – orders sought under s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) that the liquidator is justified and acting reasonably – order sought under s 63 of the Trustee Act 1958 (Vic) that the company shall have the power to carry on the business of the trust and act as trustee of the trust – order sought under s 1318 of the Corporations Act and s 67 of the Trustee Act that the liquidator is relieved from any liability arising from any dealing with the trust property between the date of appointment and the date of the Court's order – orders made

Legislation: Corporations Act 2001 (Cth) s 1318, Schedule 2 s 90-15 Trustee Act 1958 (Vic) ss 63, 67

Cases cited: Cremin; Re Brimson Pty Ltd (in liq) [2019] FCA 1023; (2019) 136 ACSR 649 Deppeler; Re Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 Deppeler; Re Old Port Road Pty Ltd (in liq) [2021] FCA 980 Jones (Liquidator) v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310 Lawrence (liquidator); Re LXNDR Group Pty Ltd (In liq) [2021] FCA 1243 Re JML Property Services Pty Ltd (in liquidation) [2018] NSWSC 1069 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Re St George's Development Company Pty Ltd (in liq) [2018] VSC 595