CORPORATIONS – application under s 45-1 of the Insolvency Practice Schedule (Corporations) (IPS), Sch 2 to the Corporations Act 2001 (Cth) – application for cancellation of defendant’s registration as a registered liquidator – whether defendant breached duties in ss 180(1), 181(1) and 182(1) of the Corporations Act – whether defendant breached common law duties – accessorial liability – whether a person involved in a contravention of s 180 of the Corporations Act contravenes that Act – whether defendant was involved in contraventions of s 181(1) and s 182(1) of the Corporations Act – where primary contravenor is not a party to the proceeding – where the defendant relies on s 545(1) of the Corporations Act in relation to alleged breaches of duties as liquidator – whether defendant breached provisions of the Australian Restructuring Insolvency & Turnaround Association Code of Professional Practice – whether plaintiff has established matters to be taken into account for the purposes of s 45-1 of the IPS – whether defendant failed to discharge obligations as liquidator to obtain relevant books and records in relation to reports filed under s 533 of the Corporations Act – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0975
For more information, see the original judgement.
