Shanahan as trustee of the Estate of Wilcox v Sanderson Estates Pty Ltd in the matter of Wilcox (a bankrupt) [2024] FCA 893

Federal Court of Australia

Shanahan as trustee of the Estate of Wilcox v Sanderson Estates Pty Ltd in the matter of Wilcox (a bankrupt) [2024] FCA 893 File number(s): NSD 372 of 2024

Judgment of: WIGNEY J

Date of judgment: 30 July 2024

Date of publication of reasons: 9 August 2024

Catchwords: CORPORATIONS – application by trustees and receivers for judicial advice – whether appropriate for Court to give advice sought – whether trustees and receivers justified in not appearing, and not taking any active role in, proceeding to be heard in Supreme Court of NSW – orders made giving advice sought

Legislation: Federal Court of Australia Act 1976 (Cth) s 19 Federal Court Rules 2011 (Cth) Bankruptcy Act 1966 (Cth) s 30, s 90-15(1) of Sch 2 Uniform Civil Procedure Rules 2005 (NSW) rr 6.11, 6.27 Succession Act 2006 (NSW)

Cases cited: Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392 Connelly as Receivers and Managers of "Digital Currency Assets" v NGS Crypto Proprietary Limited [2024] FCA 618 Coshott v Prentice (2014) 221 FCR 450; [2014] FCAFC 88 Heenan, Ruby Apartments Proprietary Limited (In liquidation) v Ralan Paradise No. 1 Proprietary Limited (In Liquidation) (No 2) [2021] FCA 1314 Mansfield v Thousand Angeles Island Proprietary Limited (In Liquidation) [2021] FCA 283 Re Ansett Australia Limited (No 3) 115 FCR 409; [2002] FCA 90 Re Mirabela Nickel Limited (Receivers and Managers Appointed) (In Liquidation); ex parte Madden [2018] WASC 335 Re One.Tel Limited (2014) 99 ACSR 247; [2014] NSWSC 457 Wilcox v Wilcox [2012] NSWSC 1138 Wilcox v Wilcox (No. 2) [2014] NSWSC 88