Federal Court of Australia
Federal Court of Australia
Ruhe, in the matter of Solar and Storage Australia Pty Ltd [2024] FCA 1155 File number: QUD 538 of 2024
Judgment of: SARAH C DERRINGTON J
Date of judgment: 1 October 2024
Date of publication of reasons: 2 October 2024
Catchwords: CORPORATIONS – insolvency – right of indemnity – application by liquidator concerning realisation of trust assets – where orders sought would enable liquidator to carry on business and sell trust property to satisfy debts owing to trust creditors – whether appropriate to grant the orders sought
Legislation: Corporations Act 2001 (Cth) ss 420, 491, 1318 Federal Court of Australia Act 1976 (Cth) s 57(1) Federal Court Rules 2011 (Cth) rr 14.21, 14.22 Insolvency Practice Schedule (Corporations) ss 90-15, 90-20
Cases cited: Re Cremin, Brimson Pty Ltd (in liq) (2019) 136 ASCR 649
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 15
Date of last submissions: 30 September 2024
Date of hearing: 1 October 2024
Solicitor for the Plaintiffs: Mr J D Sole of Cronin Miller Litigation
ORDERS QUD 538 of 2024 IN THE MATTER OF SOLAR AND STORAGE AUSTRALIA PTY LTD ACN 627 639 605 (IN LIQUIDATION) ALICE FAY RUHE (IN HER CAPACITY AS LIQUIDATOR OF SOLAR AND STORAGE AUSTRALIA PTY LTD ACN 627 639 605 (IN LIQUIDATION)) First Plaintiff
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