Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mansoor, in the matter of Tvesa Investments Pty Ltd (in liq) [2024] FCA 290 File number: NSD 1459 of 2023
Judgment of: MARKOVIC J
Date of judgment: 8 February 2024
Date of publication of reasons: 27 March 2024
Catchwords: CORPORATIONS – application under s 90-15 of the Insolvency Practice Schedule (Corporations) being Sch 2 to the Corporations Act 2001 (Cth) – liquidators seeking to transfer funds between two companies in liquidation – where liquidators are the liquidators of both the transferor and the intended transferee – meaning of "void" in s 437D of the Act – where "void" means void ab initio – application granted
Legislation: Corporations Act 2001 (Cth) s 437D Insolvency Practice Schedule (Corporations), being Sch 2 to the Corporations Act 2001 (Cth) s 5-15, s 90-15
Cases cited: Australian Motor Homes Pty Limited v Maria's Farm Veggies Pty Limited [2018] NSWSC 216 Great Investments Limited v Warner (2016) 243 FCR 516 International Air and Transport Association v Ansett Australia Holdings Limited (2008) 234 CLR 151 Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841; (2020) 145 ACSR 459 National Acceptance Corp Pty Ltd v Benson (1988) 12 NSWLR 213 Sev.en Gamma a.s v IG Energy Holdings (Australia) Pty Ltd [2023] NSWSC 1032
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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