Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Piggott Wood & Baker (A Firm) (No 7) [2023] FCA 193 File number(s): TAD 42 of 2001
Judgment of: MCELWAINE J
Date of judgment: 10 March 2023
Catchwords: CORPORATIONS – application by liquidator of unregistered managed investment scheme for directions – whether s 601EE of the Corporations Act 2001 (Cth) permits the making of an order for the payment of unclaimed monies held by a liquidator of an unregistered scheme to ASIC to be held as if the monies are unclaimed or undistributed to be dealt with under Part 9.7 of the Act – monies should be so dealt with – liquidator released and liquidation finalised
Legislation: Corporations Act 2001 (Cth) ss 544, 601EE, 601NG, Part 9.7 Federal Court (Corporations) Rules 2000 (Cth) r 7.5
Cases cited: Australian Securities & Investments Commission v Piggott Wood & Baker [2006] FCA 1774 Australian Securities & Investments Commission v Piggott Wood & Baker (A Firm) (No 3) (2008) 172 FCR 257; [2008] FCA 1547 Australian Securities & Investments Commission v Piggott Wood & Baker (A Firm) (2015) 104 ACSR 261; [2015] FCA 18 Australian Securities & Investments Commission v Tasman Investment Management Ltd (2006) 59 ACSR 113; [2006] NSWSC 943 Hamilton v Piggott Wood & Baker [2003] FCA 1055 Law Society of Tasmania v Turner (2001) 11 Tas R 1; [2001] TASSC 129 Re Idyllic Solutions Pty Ltd [2018] NSWSC 700 The Owners of the ship "Shin Kobe Maru" v Empire Shipping Company Inc. (1994) 181 CLR 404
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