Federal Court of Australia
Federal Court of Australia
Ruhe (Trustee) v Rodmarg Pty Ltd, in the matter of Bankrupt estates of Power [2024] FCA 638 File number(s): VID 1005 of 2023
Judgment of: NESKOVCIN J
Date of judgment: 14 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY- orders in relation to estate administration – application of ss121, 128B and 128C of the Bankruptcy Act 1966 (Cth) - findings of fact
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 58, 121, 127(4), 128B , 128C, 128N Superannuation Industry (Supervision) Act 1993 (Cth) s 19 Corporations Act 2001 (Cth).ss 203B, 206B(3), 461(1)(k), 601AB Federal Court of Australia Act 1976 (Cth) s57
Cases cited: McMillan v Warner (Trustee) [2022] FCAFC 20 Prentice v Cummins [2002] FCA 1503; 124 FCR 67:
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 55
Date of hearing: 24 May 2024
Counsel for the Applicant A V M Carruthers
Solicitor for the Applicant Summer Lawyers
ORDERS VID 1005 of 2023 IN THE MATTER OF THE BANKRUPT ESTATES OF RODERIC WILLIAM POWER AND MARGARET CHRISTINE POWER BETWEEN: ALICE FAY RUHE (AS TRUSTEE OF THE BANKRUPT ESTATES OF RODERIC WILLIAM POWER AND MARGARET CHRISTINE POWER) Applicant
AND: RODMARG PTY LTD (ACN 160 970 865) (IN LIQUIDATION) IN ITS OWN RIGHT AND AS TRUSTEE OF POWER SECURE SELF-MANAGED SUPER FUND First Respondent
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