Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ford Kinter & Associates Pty Ltd, in the matter of Reliance Franchise Partners Pty Ltd (in liq) v Reliance Franchise Partners Pty Ltd (in liq) (No 2) [2025] FCA 139 File number(s): VID 25 of 2024
Judgment of: ANDERSON J
Date of judgment: 20 February 2025
Date of publication of reasons 28 February 2025
Catchwords: CORPORATIONS – insolvency – application by unsecured creditor under s 564 for priority repayment of funds advanced to liquidators used to recover funds available in insolvency – where plaintiff was the only plausible creditor to advance funds to liquidators – where other major creditors were related parties of the insolvent company – application for priority ultimately unopposed – consideration of factors relevant to discretion – discretion exercised to grant priority repayment of the funds advanced by the plaintiff
Legislation: Corporations Act 2001 (Cth)
Cases cited: Deputy Commissioner of Taxation v BJ Marron & Son Pty Ltd [1999] VSC 124 Household Financial Services Pty Ltd v Chase Medical Centre Pty Ltd (1995) 18 ACSR 294 Re Ken Godfrey Pty Ltd (in liq) (1994) 14 ACSR 610 Re Parkston Ltd (in liq) (2000) 35 ACSR 114; [2000] NSWSC 764 Robinson, in the matter of ACN 069 895 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd) (in liq) [2013] FCA 706
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 58
Date of hearing: 20 February 2025
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