Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Micheletto (liquidator), in the matter of Rogers Property Holdings Pty Ltd (in liq) [2024] FCA 1463 File number(s): VID 951 of 2024
Judgment of: MCEVOY J
Date of judgment: 17 December 2024
Catchwords: CORPORATIONS – company in liquidation was trustee of a trust prior to liquidation – company now bare trustee of property of the trust - application by liquidator to be appointed as receiver of trust property – judicial advice sought that liquidators are justified in treating the property in the name of the company as property of the trust – application granted.
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Insolvency Practice Schedule (Corporations) (sch 2 of the Corporations Act 2001 (Cth)
Cases cited: Bendigo and Adelaide Bank Limited, in the matter of Reborn Enterprises Pty Ltd (Trustee) v Reborn Enterprises Pty Ltd (Trustee) [2016] FCA 1197 at [6] (White J) citing Martyniuk v King [2000] VSC 319 Dixon (Liquidator), in the matter of Better Spaces Design Pty Ltd (in liq) [2023] FCA 611 Hughes in their capacity as joint and several liquidators of Substar Holdings Pty Ltd (in liq) [2020] FCA 1863 In the matter of Stansfield DIY Wealth Pty Limited (in liquidation) [2014] NSWSC 1484 Morton (as Liquidator of Best Golf Balls Pty Ltd (In Liq)) v Best Golf Balls Pty Ltd (In Liq) [2024] FCA 793 Re Western Peeled Pty Ltd (in liq); Ex parte Quin [2024] WASC 374 University of Western Australia v Gray (No 6) [2006] FCA 1825
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