Silva, in the matter of Alon Pty Ltd (in liquidation) [2023] FCA 547

Federal Court of Australia

Silva, in the matter of Alon Pty Ltd (in liquidation) [2023] FCA 547 File number: NSD 1161 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 30 May 2023

Catchwords: CORPORATIONS — competing applications to be appointed as receivers and managers to trust assets — where originating process brought by liquidators of trustee company and competing interlocutory application brought by interested party — where amended trust deed includes an ipso facto clause — where interested party sought to challenge validity of amended trust deed and other broad ranging relief in the nature of final relief — where the validity of the amended trust deed was not challenged in prior proceedings in the Supreme Court of New South Wales in which the interested party was a party — whether the interested party's interlocutory application is an abuse of process — whether the interested party is eligible to be appointed as receiver and manager — whether liquidators should be appointed as receiver and managers of the assets of the trust. Held: liquidator's application granted, interested party's application dismissed.

Legislation: Corporations Act 2001 (Cth), ss 418, 420(1), 420A, 447A Evidence Act 1995 (Cth), s 9(3) Federal Court of Australia Act 1976 (Cth), s 57(1) Duties Act 1997 (NSW), s 304(1)

Cases cited: Application of Mr Neal as administrator of the estate of the late Ms Hewit [2021] NSWSC 1489 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 In the matter of Alon Pty Ltd [2021] NSWSC 1021 In the matter of Double Bay Property Management Pty Ltd (in liq) [2020] NSWSC 203 Re Alon Pty Ltd [2022] NSWSC 64 Re Hercules Car Parking Systems (Victoria) Pty Ltd [2018] NSWSC 409 Sanderson, in the matter of Taylorsix Pty Ltd (in liq) [2021] FCA 1123 Tomlinson v Ramsay Food Processing Pty Limited [2015] HCA 28; 256 CLR 507 Walton v Gardiner [1993] HCA 77; 177 CLR 378