Lo Pilato in his capacity as Liquidator of RSD (Qld) Pty Ltd (in liq) v McLeod [2024] FCA 751

Lo Pilato in his capacity as Liquidator of RSD (Qld) Pty Ltd (in liq) v McLeod [2024] FCA 751

Because lien claims by legal practitioners created a relevant dispute as to entitlement to the McLeod Dividend, and the liquidators had no interest in that dispute other than progressing the winding up, the requirements and purpose of r 18.01 were satisfied and the dividend should be paid into Court pending determination of competing claims.

Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Application for Relief by Way of Interpleader Pursuant to R 18.01 of the Federal Court Rules 2011 (cth) / Application for Orders Allowing Liquidators to Pay Disputed Dividend Into Court Pending Resolution of Conflicting Claims
Outcome
Application granted; the applicants were permitted to pay the McLeod Dividend into Court; costs reserved.
Legal Topics
['interpleader' 'liquidation Dividend' 'payment Into Court' 'lien Claims' 'case Management' 'costs Reserved']
['practice and Procedure' 'corporations' 'insolvency'] ['interpleader' 'liquidation Dividend' 'payment Into Court' 'lien Claims' 'case Management' 'costs Reserved']

Case Brief

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Procedural Posture

Application for Relief by Way of Interpleader Pursuant to R 18.01 of the Federal Court Rules 2011 (cth) / Application for Orders Allowing Liquidators to Pay Disputed Dividend Into Court Pending Resolution of Conflicting Claims

Legal Issues

  1. 1 ['Whether the applicants, as liquidators, should be permitted under r 18.01 of the Federal Court Rules 2011 (Cth) to pay the McLeod Dividend into Court pending resolution of competing claims to it.' 'Whether a relevant dispute existed as to entitlement to receipt of the McLeod Dividend.']

Ratio Decidendi

Because lien claims by legal practitioners created a relevant dispute as to entitlement to the McLeod Dividend, and the liquidators had no interest in that dispute other than progressing the winding up, the requirements and purpose of r 18.01 were satisfied and the dividend should be paid into Court pending determination of competing claims.

Court Disposition

Application granted; the applicants were permitted to pay the McLeod Dividend into Court; costs reserved.

Orders

  • ['In accordance with r 18.01 of the Federal Court Rules 2011 (Cth) the applicants pay the McLeod Dividend (as defined in the Affidavit of Mr Frank Lo Pilato sworn 29 May 2024) into Court.' 'Except as to the issue of costs, the applicants submit to the orders of the Court.' 'Any party who claims an interest in the...