Brooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021] FCA 967

Brooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021] FCA 967

The Court was satisfied, on the evidence, that Mr Bull and/or Ms Prince have removed and concealed property of the company, including trust property, thereby preventing or delaying the liquidator's custody or control, thus enlivening the power to issue a warrant under s 530C(1) of the Corporations Act 2001 (Cth).

Parties
First Plaintiff: Shelley-Maree Brooks; Second Plaintiff: DV Bull Pty Ltd; First Defendant: Darcy Vincent Bull; Second Defendant: Tiana Prince
Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Application / Ex Parte Hearing for Warrant and Confidentiality Orders
Outcome
Application granted.
Legal Topics
Liquidator's Powers, Warrant to Search and Seize Company Property, Trust Property as Company Property
Corporations Corporate Insolvency Liquidator's Powers Warrant to Search and Seize Company Property Trust Property as Company Property

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 1 Amounts and remedies 1
Sign in to unlock

Parties

Shelley-Maree Brooks

First Plaintiff

DV Bull Pty Ltd

Second Plaintiff

Darcy Vincent Bull

First Defendant

Tiana Prince

Second Defendant

Procedural Posture

Application / Ex Parte Hearing for Warrant and Confidentiality Orders

Legal Issues

  1. 1 Whether trust assets are considered property of the company for the purposes of s 530C of the Corporations Act 2001 (Cth)
  2. 2 Whether Mr Bull and/or Ms Prince have concealed or removed property of the company, thereby preventing or delaying the liquidator's custody or control

Ratio Decidendi

The Court was satisfied, on the evidence, that Mr Bull and/or Ms Prince have removed and concealed property of the company, including trust property, thereby preventing or delaying the liquidator's custody or control, thus enlivening the power to issue a warrant under s 530C(1) of the Corporations Act 2001 (Cth).

Court Disposition

Application granted.

Orders

  • The Deputy District Registrar to issue a warrant pursuant to s 530C(1) of the Corporations Act 2001 (Cth).
  • Requirement to serve originating process on defendants dispensed with; leave granted for ex parte application.