2019 – Case reviews


McDermott and Potts as liquidators of Lonnex Pty Ltd (in liquidation) [2019] VSCA 23 – application for approval of proposed settlement under s 477(2B) of the Corporations Act -directions under s 511 of the Corporations Act now s 90-15 of the Insolvency Practice Schedule (Corporations)


Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20; 368 ALR 390 (Amerind) – statutory priorities apply on insolvency of trustee companies, employee entitlements protected, Re Enhill is no more


Connelly, in the matter of Gregorski Investments Pty Ltd (in liq) v 320 Nominees Pty Ltd as trustee of the Gregorski Property Trust [2019] FCA 1400 – liquidation of trustee company – liquidators successfully obtain orders appointing them receivers of assets of two trusts to enforce rights of exoneration and liens in situation where new trustees have been appointed


Boensch v Pascoe [2019] HCA 49 – vesting of a bankrupt trustee’s right of indemnity/proprietary interest in trust property in the Bankruptcy Trustee – caveatable interest in real property