Brooks, in the matter of Tease Hair & Spa Pty Ltd (in liquidation) [2022] FCA 457

Federal Court of Australia

Brooks, in the matter of Tease Hair & Spa Pty Ltd (in liquidation) [2022] FCA 457 File number(s): TAD 3 of 2022

Judgment of: O'CALLAGHAN J

Date of judgment: 28 April 2022

Catchwords: CORPORATIONS – where company in liquidation traded only in its capacity as trustee of a trust – where company was the bare trustee of the trust upon passing a resolution for its winding up – 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 47 of the Trustee Act 1898 (Tas) that the court confer on the company, nunc pro tunc, the necessary powers to enable it to wind up the trust – order sought under s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) that the liquidator is able to rely on statutory powers pursuant to s 477 of the Corporations Act 2001 (Cth) to take all necessary steps to wind up the trust – orders made

Legislation: Corporations Act 2001 (Cth) s 477, Schedule 2 s 90-15 Trustee Act 1898 (Tas) s 47

Cases cited: Anderson (liquidator) v Aravanis (trustee) [2021] FCA 1185 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Cremin, Re Brimson Pty Ltd (in liq) [2019] FCA 1023; (2019) 136 ACSR 649 Jones (Liquidator) v Matrix Partners Pty Ltd, Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310 Keswick Developments Pty Ltd v Keswick Island Pty Ltd [2009] QCA 340 Keswick Developments Pty Ltd v Kevroy Pty Ltd [2009] QSC 176 Rathner (liquidator), Re Garrows Close Pty Ltd (in liq) [2021] FCA 505 Re AAA Financial Intelligence Ltd (in liq) [2014] NSWSC 1004