Federal Court of Australia
Federal Court of Australia
Priest, in the matter of Brikar Nominees Pty Ltd (in liquidation) [2023] FCA 910 File number: NSD 735 of 2023
Judgment of: CHEESEMAN J
Date of judgment: 4 August 2023
Catchwords: CORPORATIONS – liquidation – where company in liquidation acted solely in its capacity as trustee and held property on that basis – where company rendered bare trustee upon appointment of liquidator – application for orders relieving liquidator from liability for past dealings with trust property – application for liquidator to be appointed as receiver and manager over the business and assets of the trust – application for remuneration, and expenses incurred, in capacity as liquidator and receiver to be paid from trust assets – Held: applications granted.
Legislation: Corporations Act 2001 (Cth) s 1318 Insolvency Practice Schedule (Corporations), being Sch 2 to the Corporations Act 2001(Cth) s 90-15 Federal Court of Australia Act 1976 (Cth) s 57(1) Federal Court Rules 2011 (Cth) rr 14.21(b), 14.22 Federal Court (Corporations) Rules 2000 (Cth) r 2.8
Cases cited: Re Amirbeaggi, in the matter of Simpkiss Pty Ltd (in liq) [2018] FCA 2121 Re Cremin, Brimson Pty Ltd (in liquidation) [2019] FCA 1023; 136 ACSR 649 Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd (in liq) (Final Orders) [2023] FCAFC 119
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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