Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson (No 2) [2024] FCA 1181

Federal Court of Australia

Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson (No 2) [2024] FCA 1181 File number(s): NSD 1003 of 2023

Judgment of: HALLEY J

Date of judgment: 10 October 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – application by Court appointed receiver for discharge following payment of remuneration, costs and expenses – application granted – orders made

Legislation: Corporations Act 2001 (Cth) s 601AH

Cases cited: Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson [2023] FCA 1368 Senatore, in the matter of Autotech services (ACT) Pty Ltd (in liq) (No 2) [2024] FCA 213

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 13

Date of last submissions: 16 September 2024

Date of hearing: Determined on the papers

Solicitor for the Applicant: Corsair Lawyers

ORDERS NSD 1003 of 2023 IN THE MATTER OF SHIRLEY THELMA LAWSON BETWEEN: ALAN RICHARD NICHOLLS IN HIS CAPACITY AS TRUSTEE OF THE PROPERTY OF SHIRLEY THELMA LAWSON Applicant

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Respondent

order made by: HALLEY J DATE OF ORDER: 10 october 2024

THE COURT ORDERS THAT:

1. Following payment of the applicant's approved costs, expenses and remuneration in accordance with the orders made by Registrar Morgan on 27 September 2024, the applicant be discharged from his appointment as receiver of the property of the Shirley Investment Trust and the balance of the funds held by the applicant be paid as directed by the trustee of the Shirley Investment Trust. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.