Vouris, in the matter of Zivaust Pty Ltd (in liq) [2022] FCA 1325

Federal Court of Australia

Vouris, in the matter of Zivaust Pty Ltd (in liq) [2022] FCA 1325 File number(s): VID 385 of 2022

Judgment of: MCEVOY J

Date of judgment: 25 October 2022

Date of publication of reasons: 4 November 2022

Catchwords: CORPORATIONS – liquidation – orders made allowing a bare trustee to deal with trust assets – where a settlement deed between disputing stakeholders has been entered into during the course of liquidation – where the settlement deed resolves all disputes between the stakeholders, allows all unrelated creditors to be paid out in full and proposes that the current liquidator be appointed administrator of the companies and deed administrator of a proposed deed of company arrangement – leave granted for the current liquidator to be appointed as administrator of the companies and deed administrator – orders made for the manner in which the administration is to be carried out – orders made for the stay and termination of the winding up of the companies.

Legislation: Corporations Act 2001 (Cth) Pt 5.3A ss 436B, 436E, 439A, 447A, 448C and 482, Pt 5.5, Pt 5.6, s 1318 and Sch 2 s 90-15 Trustee Act 1958 (Vic) ss 48, 63, 63A and 67 Corporations Regulations 2001 (Cth)

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) ACSR 649; [2019] FCA 1023 Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 In the matter of BBY Limited [2015] NSWSC 974 In the matter of JML Property Services Pty Ltd (in liquidation) [2018] NSWSC 1069 In the matter of Merchant Overseas Logistics Pty Ltd [2022] VSC 154 Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq) [2021] FCA 505 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (2020) 144 ACSR 310; [2020] FCA 571