Federal Court of Australia
Federal Court of Australia
Hamilton, in the matter of Aquagenics Pty Ltd (in liq) v Tasmanian Water & Sewerage Corporation Pty Ltd [2022] FCA 530 File number(s): TAD 39 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 10 May 2022
Catchwords: CORPORATIONS – application by liquidator pursuant to s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) and s 447A concerning the recovery and distribution of proceeds of judgment obtained in proceeding seeking an indemnity pursuant to a contract of insurance – where liquidator sought orders and directions that he was justified and acting reasonably to commence proceedings against the insured to recover insurance proceeds and amounts in respect of interest incorrectly paid – where parties agreed that three preliminary questions should be decided – whether insured entitled to relief under either s 562 or s 564 of the Corporations Act 2001 (Cth)
Legislation: Corporations Act 2001 (Cth) ss 447A, 556, 562, 564, Schedule 2 s 90-15 Federal Court (Corporations) Rules 2000 (Cth) r 2.13(1)
Cases cited: Aquagenics Pty Ltd v Break O'Day Council (No 2) [2009] TASSC 89 Aquagenics Pty Ltd (in liq) v Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 [2017] FCA 634 Batrouney v Forster [2015] VSC 230 Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 v Aquagenics Pty Ltd (in liq) [2018] FCAFC 9; (2018) 352 ALR 131 Commonwealth Bank of Australia v Davies [2003] QSC 470 Household Financial Services Pty Ltd v Chase Medical Centre Pty Ltd (1995) 18 ACSR 294 Jarbin Pty Ltd v Clutha Ltd (in liq) [2004] NSWSC 28; (2004) 208 ALR 242 Leeson v Leeson [1936] 2 KB 156 Re Ken Godfrey Pty Ltd (in liq) (1994) 14 ACSR 610 Simson v Ingham (1823) 107 ER 307; (1823) 2 B & C 65 SNL Group Pty Ltd v CMA Corporation Ltd [2011] NSWSC 464 State Bank of New South Wales v Brown [2001] NSWCA 223; (2001) 38 ACSR 715 Tasmanian Water and Sewerage Corporation Pty Ltd v Hayes [2015] FCA 506
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