Federal Court of Australia
Federal Court of Australia
Trevan v Giezekamp, in the matter of DITPJG Holdings Australia Pty Ltd [2023] FCA 1143 File number: NSD 846 of 2023
Judgment of: YATES J
Date of judgment: 26 September 2023
Catchwords: CORPORATIONS – application for appointment of receiver and manager – where individuals have entered into a joint venture – where a unit trust is used as the vehicle for the joint venture – where the trustee of the unit trust is a corporation jointly controlled by the parties to the joint venture – where the joint venture cannot proceed – alleged irregularities in the administration of the joint venture – breakdown of the relationship between the joint venturers
Legislation: Corporations Act 2001 (Cth) s 57 Federal Court of Australia Act 1976 (Cth) s 461
Cases cited: In the Estate of William Just (deceased) (No 1) (1973) 7 SASR 508 Martyniuk v King [2000] VSC 319 The University of Western Australia v Gray (No 6) [2006] FCA 1825
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 39
Date of hearing: 19 September 2023
Counsel for the Plaintiffs: Mr R Notley
Solicitor for the Plaintiffs: CMM Quay Legal Group
Counsel for the Defendants: Mr C Bolger
Solicitor for the Defendants: Kalantzis Lawyers
ORDERS NSD 846 of 2023 IN THE MATTER OF DITPJG HOLDINGS AUSTRALIA PTY LTD ACN 638 325 658 BETWEEN: DAVID IAN TREVAN First Plaintiff
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