Staatz v Berry, in the matter of Wollumbin Horizons Pty Ltd (in liq) (No 4) [2023] FCA 103

Federal Court of Australia

Staatz v Berry, in the matter of Wollumbin Horizons Pty Ltd (in liq) (No 4) [2023] FCA 103 File number: QUD 32 of 2018

Judgment of: DERRINGTON J

Date of judgment: 17 February 2023

Catchwords: CORPORATIONS – liquidator's claim for costs, expenses and remuneration – insolvent company found to hold land on constructive trust – extent to which trustee may recover costs, expenses and remuneration from trust assets

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Amirbeaggi, in the matter of Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Application of Sutherland (2004) 50 ACSR 297 Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 2) [2022] FCA 1100 Australian Securities and Investments Commission v Linchpin Capital Group Ltd (No 3) (2020) 142 ACSR 193 Hewett v Court (1983) 149 CLR 639 Kite (in their capacity as liquidators of Mooney's Contractors Pty Ltd (ACN 144 726 296) (in liq)) and Another v Mooney and Another (No 2) (2017) 121 ACSR 158 Quin, Re Harman Properties Pty Ltd (in liq) v Harman [2020] FCA 1671 Re Houben Marine Pty Ltd (in liq) [2018] NSWSC 745 Re Say Enterprises Pty Ltd [2018] NSWSC 396 Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459 Staatz (as liquidator of Wollumbin Horizons Pty Ltd (ACN 606 581 364) (in liq)) v Berry and Others (No 3) (2019) 138 ASCR 231