Federal Court of Australia
Federal Court of Australia
Deputy Commissioner of Taxation v Shac Communications Pty Ltd [2024] FCA 488 File number: QUD 501 of 2018
Judgment of: DERRINGTON J
Date of judgment: 3 May 2024
Date of publication of reasons: 10 May 2024
Catchwords: CORPORATIONS – liquidation – application for approval of liquidator's remuneration – matters requiring consideration on application for remuneration CORPORATIONS – application for appointment of liquidator as receiver of trust assets – where company in liquidation is former corporate trustee
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court (Corporations) Rules 2000 (Cth)
Cases cited: Re Cremin, Brimson Pty Ltd (in liquidation) (2019) 136 ACSR 649
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 31
Date of hearing: 3 May 2024
Counsel for the Applicant: Mr MJ Downes
Solicitor for the Applicant: 23 Legal
ORDERS QUD 501 of 2018
BETWEEN: DEPUTY COMMISSIONER OF TAXATION Plaintiff
AND: SHAC COMMUNICATIONS PTY LTD ACN 161 757 777 Defendant
order made by: DERRINGTON J DATE OF ORDER: 3 May 2024
THE COURT ORDERS THAT:
1. Pursuant to r 9.2 of the Federal Court (Corporations) Rules 2000 (Cth) and s 60-10 of Sch 2 to the Corporations Act 2001 (Cth) (the Act), Bradley Vincent Hellen's remuneration for work performed in the period from 16 November 2018 to 16 November 2023 as liquidator of the defendant be fixed in the sum of $88,826.50 plus GST. 2. Pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth), Bradley Vincent Hellen (Receiver) be appointed as receiver and manager, without security, of the assets of the Shac Trust established pursuant to a deed dated 24 December 2012 (the Trust). 3. The Receiver is granted all the powers provided for by s 420 of the Act as if the reference therein to "the corporation" were a reference to the Trust. 4. The Receiver's reasonable costs, expenses and remuneration at his usual professional rates attached to his consent to act in acting as receiver and manager are to be paid from the assets of the Trust. 5. The costs of this application be paid from the assets of the Trust. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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