Federal Court of Australia
Federal Court of Australia
Morton as liquidator of Best Golf Balls Pty Ltd (in liq) v Best Golf Balls Pty Ltd (in liq) [2024] FCA 793 File number: QUD 298 of 2024
Judgment of: DERRINGTON J
Date of judgment: 14 June 2024
Date of publication of reasons: 19 July 2024
Catchwords: CORPORATIONS – former corporate trustee – application for appointment of liquidator as receiver and manager of trust assets – where appointment will benefit the persons who have an interest in the trust assets – application granted CORPORATIONS – application for order under s 90-15 of Insolvency Practice Schedule (Corporations) – whether liquidator is justified and acting reasonably in proceeding on the basis that the company carried on business solely as trustee and related matters – where books and records of the company are inadequate – orders made
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (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: 20
Date of hearing: 14 June 2024
Solicitor for the Plaintiff: Mr D Bartholomew of Agility Law Group
ORDERS QUD 298 of 2024
BETWEEN: GAVIN CHARLES MORTON AS LIQUIDATOR OF BEST GOLF BALLS PTY LTD (IN LIQUIDATION) ACN 118 362 833 Plaintiff
AND: BEST GOLF BALLS PTY LTD (IN LIQUIDATION) ACN 118 362 883 Defendant
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