Federal Court of Australia
Federal Court of Australia
Revroof Pty Ltd (receivers and managers appointed) (administrators appointed) v Taminga Street Investments Pty Ltd [2023] FCA 543 File number: NSD 336 of 2023
Judgment of: JACKMAN J
Date of judgment: 19 May 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application by receivers for authorisation under s 420B of the Corporations Act 2001 (Cth) to sell assets over which they are appointed – where asset sale agreement requires clear title to assets – where defendants hold securities over some or all of the assets – whether s 588FL of the Corporations Act 2001 (Cth) applies to security interests granted after the critical time
Legislation: Corporations Act 2001 (Cth) ss 420B, 424, 436A, 468, 588FL, 588FM Personal Property Securities Act 2009 (Cth) ss 267, 267A
Cases cited: Birch, in the matter of Geelong Fire Services Pty Ltd (Administrators Appointed) [2022] FCA 963 In the matter of Antqip Hire Pty Ltd (in liq) [2021] NSWSC 1122 In the matter of i-Prosperity Waterside Rhodes Pty Ltd in its own capacity and as trustee for the i-Prosperity Waterside Rhodes Unit Trust [2021] NSWSC 1065 Park (Administrator), in the matter of Ellume Limited (Administrators Appointed) v Evangayle Pty Ltd (Trustee) [2022] FCA 1102
Division: General Division
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