Starbelle Energy Pty Ltd as trustee for the Cronulla Coal Unit Trust v Louttit (Liquidator), in the matter of Coal Contractors Pty Limited (in liq) [2024] FCA 1172

Federal Court of Australia Starbelle Energy Pty Ltd as trustee for the Cronulla Coal Unit Trust v Louttit (Liquidator), in the matter of Coal Contractors Pty Limited (in liq) [2024] FCA 1172 File number: NSD 1242 of 2024

Judgment of: JACKMAN J

Date of judgment: 27 September 2024

Catchwords: CORPORATIONS – removal of liquidator – where plaintiff has lost confidence in liquidator because of apparent lack of investigation – where plaintiff propounds a funding proposal that is better than the status quo – where liquidation is in relative infancy

Legislation: Corporations Act 2001 (Cth) Sch 2 ('Insolvency Practice Schedule (Corporations)) s 90-15

Cases cited: Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Limited (in liq) [2023] FCA 647

Division: General Division

Registry: New South Wales

National Practice Area:

Sub-area:

Number of paragraphs: 39

Date of hearing: 27 September 2024

Counsel for the Plaintiff: Mr M Rose and Mr F Di Lizia

Solicitor for the Plaintiff: Baker & McKenzie

Counsel for the Defendant: Mr D Farrar

Solicitor for the Defendant: Farrar Lawyers

Counsel for the Interested Party: Mr B Haines

Solicitor for the Interested Party: de Mestre and Company Solicitors

ORDERS NSD 1242 of 2024 IN THE MATTER OF COAL CONTRACTORS PTY LIMITED (IN LIQ)

BETWEEN: STARBELLE ENERGY PTY LTD (ACN 664 093 001) AS TRUSTEE FOR THE CRONULLA COAL UNIT TRUST Plaintiff MR JAMIESON LOUTTIT IN HIS CAPACITY AS LIQUIDATOR OF COAL CONTRACTORS PTY LIMITED (IN LIQ) (ACN 161 692 164) AND: Defendant MR GARY ALEXANDER WILLIAMS Interested Party