Federal Court of Australia
Federal Court of Australia
Vines (Trustee), in the matter of the Bankrupt Estate of Mitchell v The Edge TC Pty Ltd (No 3) [2025] FCA 142 File number: WAD 316 of 2024
Judgment of: JACKSON J
Date of judgment: 24 February 2025
Date of publication of reasons: 27 February 2025
Catchwords: BANKRUPTCY AND INSOLVENCY - application by interim receivers for freezing orders - neither interim receivers nor person enjoined parties to proceeding - application for freezing orders - injunction granted restraining person from disposing of or encumbering proceeds of sale of aircraft - interim receivers may seek leave to cross-claim against person - power of interim receivers to bring application - jurisdiction of the Court if application brought - risk of injustice if injunction allowed to lapse - injunction extended
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) ss 9, 206B, 420
Cases cited: Blatch v Archer (1774) 1 Cowp 63; (1774) 98 ER 969 Re Gondon Five Pty Limited and Cui Family Asset Management Pty Limited [2019] NSWSC 469 Vines, in the matter of the Bankrupt Estate of Mitchell [2024] FCA 1276 Vines, in the matter of the Bankrupt Estate of Mitchell (No 2) [2024] FCA 1378
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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