Federal Court of Australia
Federal Court of Australia
Donnelly (Liquidator), in the matter of Dunjey Property Pty Ltd (in liq) [2023] FCA 1254 File number: WAD 218 of 2023
Judgment of: JACKSON J
Date of judgment: 18 October 2023
Catchwords: CORPORATIONS - trustee company - right of indemnity - right of exoneration - equitable lien - company removed as trustee of multiple trusts upon entering into liquidation - company only carried on business as trustee of the trusts - all assets and liabilities of company held or incurred in capacity as trustee of one or other of the trusts - orders made for plaintiffs to deal with and realise assets of each of the trusts to discharge liabilities of that trust
Legislation: Corporations Act 2001 (Cth) s 556, Schedule 2 (Insolvency Practice Schedule (Corporations)) ss 90-15, 90-20 Federal Court of Australia Act 1976 (Cth) s 57
Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20; (2019) 268 CLR 524 Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 Deppeler, in the matter of Old Port Road Pty Ltd (in liq) [2021] FCA 980 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; (2018) 260 FCR 310 Re Suco Gold Pty Ltd (in liq) (1983) 33 SASR 99
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
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