Federal Court of Australia
Federal Court of Australia
Kaso (administrator), in the matter of Sanitation Maintenance Services Pty Ltd (administrators appointed) [2023] FCA 418 File number(s): VID 626 of 2022
Judgment of: MCEVOY J
Date of judgment: 28 April 2023
Date of publication of reasons: 8 May 2023
Catchwords: CORPORATIONS – administration – where administrators are voluntarily appointed to the second to fifth plaintiff companies – where the companies act solely as trustees for their respective trusts and hold property only in this capacity – where the companies are rendered bare trustees on the appointment of the administrators – application made by the administrators seeking orders relieving them from liability for past dealings with trust property – where a deed of company arrangement (DOCA) has been executed, and the administrators are made deed administrators – where the control of the companies and the trust property, not being dealt with under the provisions of the DOCA, has been returned to the directors of the companies – orders sought by administrators to deal with trust property in the execution of the DOCA – orders sought by administrators for their remuneration and expenses to be paid for out of the trust property – application granted
Legislation: Corporations Act 2001(Cth) s 1318, Sch 2 ss 90-15 and 90-20 Trustee Act 1958 (Vic) s 67
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) 136 ACSR 649; [2019] FCA 1023 Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 Freelance Global v Bensted [2016] VSC 181 Hayes (Deed Administrator), in the matter of The Cambria Management Corporation Pty Ltd (subject to Deed of Company Arrangement) [2020] FCA 1214 In the matter of JML Property Services Pty Ltd (in liquidation) [2018] NSWSC 1069 In the matter of LXNDR Group Pty Ltd (in liq) [2021] FCA 1243 In the matter of St George's Development Company Pty Ltd (in liq) [2018] VSC 595 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310; [2018] FCAFC 40 Kite v Mooney, in the matter of Mooney's Contractors Pty Ltd (in liq) (No 2) (2017) 121 ACSR 158; [2017] FCA 653 Re Asten Holdings Pty Ltd (in liq) [2020] FCA 1107 Re Houben Marine Pty Ltd (in liq) [2018] NSWSC 745 Re Mackie Group Pty Ltd (in liq) (2017) 122 ACSR 537; [2017] VSC 477 Re Matthew Forbes Pty Ltd (in liq) [2018] VSC 331 Re Universal Distributing Company Limited (in liq) (1933) 48 CLR 171; [1993] HCA 2
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