Federal Court of Australia
Federal Court of Australia
Hamilton (Liquidator), in the matter of Greenleaf (Tas) Pty Ltd (in liq) [2023] FCA 1380 File number(s): TAD 29 of 2023
Judgment of: MCEVOY J
Date of judgment: 2 November 2023
Date of publication: 10 November 2023
Catchwords: CORPORATIONS – insolvency – trustee company –application by liquidator of trustee company for appointment as a receiver of trust property – where trustee company ceased to be the trustee upon appointment of administrators – where assets and liabilities of the company were held and owned in its capacity as trustee for the trust – where the liquidators sought orders to enable them to sell the trust property – dispensing with requirements for security and guarantee
Legislation: Corporations Act 2001 (Cth) s 436A Federal Court of Australia Act 1976 (Cth) s 57 Federal Court Rules 2011 (Cth) rr 14.21, 14.22
Cases cited: Brooks, in the matter of Tease Hair & Spa Pty Ltd (in liquidation) [2022] FCA 457 Caterpillar Financial Australia Limited v Ovens Nominees Pty Ltd [2011] FCA 677 Cremin, in the matter of Brimson Pty Ltd (in liq) [2019] FCA 1023 In the matter of AAA Financial Intelligence Ltd (in liq) [2014] NSWSC 1004 Senatore, in the matter of Autotech Services (ACT) Pty Ltd (in liq) [2022] FCA 1450
Division: General Division
Registry: Tasmania
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 25
Date of hearing: 2 November 2023
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