Hogan v Ma [2023] FCA 1383

Hogan v Ma [2023] FCA 1383

Where a company wholly acted as trustee of a trust and has been removed upon liquidation with no replacement trustee appointed, it is appropriate to appoint the liquidator as receiver and manager of the trust property to ensure proper administration and establish standing for recovery actions.

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Corporations Interlocutory Application / Interlocutory (appointment of Receiver and Manager)
Outcome
Interlocutory application successful; orders made as sought regarding appointment of receiver and case management timetable.
Legal Topics
["liquidator's Appointment as Receiver" 'trust Property Management' 'standing of Liquidators' 'powers Under Corporations Act 2001']
['corporations Law' 'equity and Trusts' 'insolvency'] ["liquidator's Appointment as Receiver" 'trust Property Management' 'standing of Liquidators' 'powers Under Corporations Act 2001']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Interlocutory Application / Interlocutory (appointment of Receiver and Manager)

Legal Issues

  1. 1 ['Whether the liquidator of a company formerly acting as sole trustee of a discretionary trust should be appointed receiver and manager of the trust property after the company is disqualified as trustee upon entering liquidation' "Whether ancillary orders should be made to facilitate the receiver's role"]

Ratio Decidendi

Where a company wholly acted as trustee of a trust and has been removed upon liquidation with no replacement trustee appointed, it is appropriate to appoint the liquidator as receiver and manager of the trust property to ensure proper administration and establish standing for recovery actions.

Court Disposition

Interlocutory application successful; orders made as sought regarding appointment of receiver and case management timetable.

Orders

  • ['Second plaintiff appointed nunc pro tunc as receiver and manager of all assets, property, and undertakings of the M & L Family Trust (ABN 21 572 164 771) as per trust deed dated 14 May 2015, including choses in action subject to proceedings.' 'Receiver not required to file a guarantee.' 'Receiver granted all...