In the matter of Stephen Parbery, Nicholas Martin and Mark Robinson as liquidators of Trio Capital Limited (in liquidation) [2012] NSWSC 597

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Stephen Parbery, Nicholas Martin and Mark Robinson as liquidators of Trio Capital Limited (in liquidation) [2012] NSWSC 597 Hearing dates: 11 May 2012 Decision date: 01 June 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Liquidators to bring in Short Minutes to give effect to judgment within 7 days. Catchwords: CORPORATIONS - Winding up - Corporations Act 2001 (Cth) s 511 - Application for advice, opinion and direction as to distribution of funds held by liquidators in winding up. Legislation Cited: - Corporations Act 2001 (Cth) Pt 7.8 Div 2, ss 479(3), 511, 601MD, 981A(2)(c), 1017(4), 1017E(2A), 1017E(2C), 1017E(3), 1017E(4) - Trustee Act 1925 (NSW) ss 63, 81 - Supreme Court Act 1970 (NSW) s 23 Cases Cited: - Australasian Conference Association Ltd v Mainline Constructions Pty Ltd (in liq) (1978) 141 CLR 335 - Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 - Basis Capital Funds Management Ltd v BT Portfolio Services Ltd [2008] NSWSC 766; [2008] 219 FLR 157; (2008) 67 ACSR 297 - Dean-Willcocks v Soluble Solution Hydroponics Pty Ltd (1997) 42 NSWLR 209 - Grossman v E Katz Manufacturing Jewellers (ACT) Pty Ltd [2004] NSWSC 1224; (2004) 213 ALR 373 - Re Purchas as liquidator of Astarra Asset Management Pty Ltd (in liq) [2011] NSWSC 91 - Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 - Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 - Samuel Holdings Pty Ltd v Securities Exchange Guarantee Corporation Ltd [2010] QSC 450; (2010) 80 ACSR 706 - Shirlaw v Taylor (1991) 31 FCR 222 - Handberg (in his capacity as liquidator of S & D International Pty Ltd) v MIG Property Services [2010] VSC 336; (2010) 79 ACSR 373 Texts Cited: - JD Heydon and MJ Leeming, Jacobs' Law of Trusts in Australia, 7th ed Category: Principal judgment Parties: Stephen Parbery, Nicholas Martin and Mark Robinson as liquidators of Trio Capital Limited (in liquidation) Representation: Counsel: Peter Newton (Plaintiff) Solicitors: Church & Grace (Plaintiff) File Number(s): 12/104621