Federal Court of Australia
Federal Court of Australia
Brooks, in the matter of CannHarvest Ltd (in liq) [2022] FCA 1473 File number(s): TAD 23 of 2022
Judgment of: MCELWAINE J
Date of judgment: 9 December 2022
Catchwords: CORPORATIONS – Application for judicial advice pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations) being Schedule 2 to the Corporations Act 2001 (Cth) – where liquidator seeks advice, directions and orders as to trust moneys and the commencement of proceedings – application granted and advice given
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 763A, 763B, 1017E, Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Corporations Regulations 2001 (Cth) r 7.9.08(2)
Cases cited: Ancient order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1; [2018] HCA 43 Barnes v Addy (1874) LR 9 Ch App 244 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; [2019] HCA 20 In the Matter of BBY Ltd (Receivers and managers appointed) (in liq) (No 3) [2018] NSWSC 1718 Jarbin Pty Ltd v Clutha Ltd (in liq) (2004) 180 FLR 393; [2004] NSWSC 28 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310 ; [2018] FCAFC 40 Macedonian Orthodox Community Church St Pekta Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 Re AAA Financial Intelligence Ltd (in liq) [2014] NSWSC 1004 Re One.Tel Limited (2014) 99 ACSR 247; [2014] NSWSC 457 Re Sutherland; Re French Caledonia Travel Service Pty ltd (in liq) (2003) 59 NSWLR 361; [2003] NSWSC 1008 Re Universal Distributing Co Ltd (1933) 48 CLR 171 Yore Contractors Pty Ltd v Holcon Pty Ltd (1990) 2 ACSR 663
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate