Byrnes, Matthew in his capacity as liquidator of St. George's Development Company P/L (in liquidation) (ACN 149 242 955) [2018] VSC 595

TRUSTS; COMPANIES
Judgment type: 
Supreme Court of Victoria
Division: 
Commercial Court
Judge(s): 
Kennedy J
Parties: 

Byrnes, Matthew in his capacity as liquidator of St. George's Development Company P/L (in liquidation) (ACN 149 242 955)

Judgment Date: 
11 October 2018
Catchwords: 

TRUSTS - Whether liquidator entitled to treat assets as trust assets - Whether distribution of property to be governed by parts 5.5 and 5.6 of the Corporations Act 2001 (Cth) - Commonwealth v Byrnes (in their capacity as joint and several receivers and managers of Amerind Pty Ltd (recs & mgrs apptd) (in liq)) (2018) 354 ALR 789 and Jones (in his capacity as liquidator of Killarnee Civil & Concrete Contractors Pty Ltd (in liq)) v Matrix Partners Pty Ltd (2018) 354 ALR 436 applied.

COMPANIES - Winding Up - Application for orders under section 90-15 of Schedule 2 - Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth) - Whether liquidator entitled to relief from liability under section 1318 of the Corporations Act 2001 (Cth) or section 67 of the Trustee Act 1958 (Vic) - Whether liquidator entitled to be paid their remuneration, costs and expenses under section 556(1) of the Corporations Act 2001 (Cth).

Citation: 
[2018] VSC 595