Stewart v Atco Controls Pty Ltd (in Liquidation)

[2014] HCA 15
Judgment date
Case number
M141/2013
Before
Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Equity – Equitable charges and liens – Liquidator's equitable lien for costs, expenses and remuneration – Where asset realised by liquidator's efforts in pursuing litigation – Where litigation involved unsuccessful attack on interest of secured creditor – Where liquidator acting with propriety and in course of his duties – Whether liquidator entitled to equitable lien over asset in priority to secured creditor.

Words and phrases – "come in to the winding up", "costs and expenses of realisation", "equitable lien", "Universal Distributing principle".

Corporations Act 2001 (Cth) – s 564.

Files
15.rtf (485.28 KB)
15.pdf (87.87 KB)