Federal Court of Australia
Federal Court of Australia
Ward, in the matter of Platinum Quest Pty Ltd (in liq) v OJMAC Pty Ltd as trustee for the Cheree Leanne Family Trust [2024] FCA 84 File number: QUD 530 of 2023
Judgment of: DERRINGTON J
Date of judgment: 6 February 2024
Date of publication of reasons: 14 February 2024
Catchwords: CORPORATIONS – former corporate trustee – application by liquidator to be appointed receiver over assets of trust for the purposes of preserving and benefitting the persons who have an interest in it TRUSTS AND TRUSTEES – right of exoneration – application for declarations as to former corporate trustee's right of exoneration from the property of the trust and as to rights to deal with the assets
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Connelly, in the matter of Gregorski Investments Pty Ltd (in liq) v 320 Nominees Pty Ltd as trustee of the Gregorski Property Trust [2019] FCA 1400 Hosking, re Business Aptitude Pty Ltd (in liq) [2016] FCA 1438
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 38
Date of hearing: 6 February 2024
Counsel for the Plaintiffs: Mr B Wacker
Solicitor for the Plaintiffs: Murdoch Lawyers
Counsel for the Defendants: The First and Second Defendants did not appear
ORDERS QUD 530 of 2023
BETWEEN: ADAM FRANCIS WARD AS LIQUIDATOR OF PLATINUM QUEST PTY LTD (IN LIQUIDATION) ACN 135 017 417 First Plaintiff
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