Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Banerjee, in the matter of Johnny's Furniture Group Pty Ltd (in liq) [2024] FCA 838 File number(s): NSD 921 of 2024
Judgment of: GOODMAN J
Date of judgment: 26 July 2024
Date of publication of reasons: 30 July 2024
Catchwords: CORPORATIONS – application by liquidator for directions under s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) – whether the liquidator is justified in entering into a deed for the sale of stock – whether the liquidator is justified in acting on the basis that property in particular items of stock has been transferred to customers of the Company in liquidation – whether the liquidator is justified in acting on the basis that he is entitled to a lien for reasonable expenses incurred in the identification, preservation and distribution of proceeds of sale of items of stock – whether the liquidator is justified in acting on the basis that he is entitled to impose a levy on customers with respect to such expenses
Legislation: Corporations Act 2001 (Cth), ss 9AD, 436A, 439C and Sch 2, ss 90-15, 90-20 Personal Property Securities Act 2009 (Cth), ss 46, 47 Goods Act 1958 (Vic) Sale of Goods Act 1896 (Qld) Sale of Goods Act 1923 (NSW), ss 5, 21, 22, 23
Cases cited: Crouch v Adams [2006] NSWSC 1029 In the matter of Renovation Boys Pty Ltd (admins apptd) [2014] NSWSC 340 International Art Holdings Pty Ltd (administrator appointed) v Adams [2011] NSWSC 164; (2011) 85 ACSR 1 Krejci, In the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 Morgan, in the matter Traditional Values Management Limited (in liq) [2024] FCA 74 Re Plantation Outdoor Kitchens Pty (in liq) [2019] NSWSC 925 Shirlaw v Taylor (1991) 31 FCR 222 Tucker (Administrator), in the matter of Brosa Design Pty Ltd (Administrators Appointed) [2022] FCA 1588 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63; (2018) 125 ACSR 390 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) [2018] FCA 471; (2018) 125 ACSR 163 Woodhouse (Liquidator), in the matter of Forex Capital Trading Pty Ltd (in liq) [2022] FCA 600
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