Federal Court of Australia
Federal Court of Australia
Vince (Liquidator) v Electro Specialties Pty Ltd, in the matter of Electro Specialties Pty Ltd (in liq) [2023] FCA 598 File number(s): VID 309 of 2023
Judgment of: ANDERSON J
Date of judgment: 2 June 2023
Date of publication of reasons 8 June 2023
Catchwords: CORPORATIONS – company in liquidation was trustee of a superannuation fund prior to liquidation – company now bare trustee of trust property – application by liquidator for his appointment as receiver of trust property – application granted.
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Jones v Matrix Partners Pty Ltd (2018) 260 FCR 310 Kite (in their capacity as liquidators of Mooney's Contractors Pty Ltd (in liq)) v Mooney [2017] FCA 653 Re Brimson Pty Ltd (In Liq) [2019] FCA 1023 Re Business Aptitude Pty Ltd (in liquidation) [2016] FCA 1438 Re Old Port Road Pty Ltd (in liq) [2021] FCA 980 Re Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Re Stansfield DIY Wealth Pty Limited (in liq) [2014] NSWSC 1484 Re Substar Holdings Pty Ltd (in liq) [2020] FCA 1863 Sapphire (SA) Pty Ltd v Ewens Glen Pty Ltd [2011] FCA 600
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