Michael, in the matter of Scenic Hinterland Day Tours Pty Ltd (in liq) [2023] FCA 1277

Federal Court of Australia

Michael, in the matter of Scenic Hinterland Day Tours Pty Ltd (in liq) [2023] FCA 1277 File number: QUD 360 of 2023

Judgment of: DERRINGTON J

Date of judgment: 1 September 2023

Date of publication of reasons: 24 October 2023

Catchwords: CORPORATIONS – winding up – resignation of Court-appointed liquidator – exercise of discretion to fill a vacancy in the office of liquidator pursuant to s 473A(1)(a) of the Corporations Act 2001 (Cth) (Corporations Act) – factors relevant to the exercise of discretion – whether leave is required under s 532(2) of the Corporations Act – consideration of legislative history and prior authorities – where the resigning liquidator and the incoming liquidators are from the same firm – where the liquidators' firm will bear the costs of the application – orders made CORPORATIONS – receivership – retirement of Court-appointed joint and several receiver and/or receiver and manager – application for discharge from office – exercise of discretion conferred by s 1323(5) of the Corporations Act – principles on which court acts – orders made

Legislation: Companies Act 1981 (Cth) Corporations Act 2001 (Cth) Insolvency Practice Rules (Corporations) 2016 (Cth) Companies Bill 1981 (Cth) Companies Act 1961 (Vic) Companies Act 1961–1975 (WA) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)

Cases cited: Australian Executor Trustees Ltd v Provident Capital Ltd (No 3) [2020] FCA 1840 Australian Securities and Investments Commission v A One Multi Services Pty Ltd [2021] FCA 1297 Australian Securities and Investments Commission v Letten (No 29) [2023] FCA 315 Condon v Watson (2009) 174 FCR 314 Cribb (Liquidator), in the matter of Aledi Pty Ltd (in liq) [2022] FCA 1250 Deputy Commissioner of Taxation v Barroleg Pty Ltd (1997) 25 ACSR 167 Domino Hire Pty Ltd v Pioneer Park Pty Ltd (in liq) (2000) 18 ACLC 13 Equiticorp Finance Holdings Limited (in liq) (scheme administrator appointed) [2015] NSWSC 1992 Gollant, in the matter of ACN 065 229 831 Pty Ltd [2017] FCA 1158 Government Insurance Office v Krey Investments Pty Ltd (Supreme Court of New South Wales, 29 October 1990) Hall, in the matter of Interchase Corporation Limited (in liquidation) [2020] FCA 430 Lefimu Pty Ltd & Companies Act (Supreme Court of New South Wales, 11 May 1981) Lock, in the matter of Lock [2021] FCA 682 Low v Performance Finance Ltd (Receiver and Manager Appointed) (2004) 28 WAR 512 Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs v AAM17 (2021) 272 CLR 329 Naudi, in the matter of ACN 156 335 787 Pty Ltd (in liq) [2017] FCA 815 Nikitins, In the matter of The Managed Investment Schemes [2010] FCA 207 Re ACN 120 426 173 Pty Ltd (formerly known as UBU Communications) [2022] VSC 640 Re ACN 167 984 045 Pty Ltd (in liq) [2021] VSC 652 Re Ambridge Investments Pty Limited [2015] NSWSC 1671 Re Antard Pty Ltd [1977] VR 200 Re Application of Vouris (2004) 49 ACSR 543 Re Arresso Consulting Pty Ltd [2019] NSWSC 997 Re Ausminco Ltd (in liq); Ex parte Simmons (1976) 2 ACLR 114 Re Botar-Tatham Pty Ltd (2001) 52 NSWLR 680 Re Bridgewater Investments Pty Ltd [2013] NSWSC 426 Re Equiticorp Australia Limited (in liq) [2017] NSWSC 1456 Re FGM Print Pty Ltd [2018] NSWSC 1478 Re Fluid Form Movement Pty Limited [2013] NSWSC 2007 Re Free [2010] NSWSC 1079 Re Golden Sands Hospitality Pty Ltd (In Liq) [2017] NSWSC 410 Re HIH Insurances Ltd (in liq) [2020] NSWSC 803 Re Kukulovski [2015] NSWSC 2040 Re McGrath (2005) 54 ACSR 55 Re McGrath (2010) 266 ALR 642 Re Octaviar Ltd (in liq) (2015) 110 ACSR 72 Re Octaviar Ltd (in liq) [2016] NSWSC 16 Re Perseus Mining NL; Ex parte Smith & Judge (1976) 2 ACLR 105 Re Porter and Mansfield [2012] NSWSC 220 Re Rochelle Flats Pty Ltd (in liq); Ex parte Walsh (1976) 2 ACLR 104 Re Splinta Holdings Pty Ltd (in liq); Ex parte Barnes (1976) 2 ACLR 103 Re Sutherland, Arnautovic and Civil [2016] NSWSC 754 Re Wily (2003) 49 ACSR 94 Smith v Australian Securities and Investments Commission [2018] NSWSC 1695 Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq) [2022] FCA 649 Todorovic v Moussa (2001) 53 NSWLR 463 White, in the matter of Australia Phoenix Pty Ltd [2018] FCA 913 Winterbottom, in the matter of Ballistic Hydraulic Hose and Fittings Pty Ltd (in liq) [2017] FCA 1101 Woods v Little Tiger Pty Ltd (in liq) [2014] WASC 372 Westlaw AU, McPherson's Law of Company Liquidation (last reviewed 24 July 2023)