Cook (Liquidator), Re Italiano Family Fruit Company Pty Ltd (in Liquidation) v Italiano Family Fruit Company Pty Ltd (in Liquidation)
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2010-1206 FCA B |
| Date | 2010 |
| Court | Federal Court |
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5 cases
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Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited
...Union v Australian Building and Construction Commissioner [2020] FCAFC 192; 282 FCR 1 Cook v Italiano Family Fruit Company Pty Ltd [2010] FCA 1355 190 FCR 474 Day & Dent Constructions v North Australian Properties Pty Ltd (Provisional Liquidator Appointed) [1982] HCA 20; 150 CLR 85 Re Anglo......
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Kirman v RWE Robinson & Sons Pty Ltd (in liq), in the matter of RWE Robinson and Sons Pty Ltd (in liq)
...230 Cook (Liquidator), in the matter of Italiano Family Fruit Company Pty Ltd (in liq) v Italiano Family Fruit Company Pty Ltd (in liq) [2010] FCA 1355; (2010) 190 FCR 474 Hewett v Court [1983] HCA 7; (1983) 149 CLR 639 Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarne......
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Re Fan Kow Hin
...and Cook (Liquidator), in the matter of Italiano Family Fruit Company Pty Ltd (in liq) v Italiano Family Fruit Company Pty Ltd (in liq) [2010] FCA 1355, the proceeds of an action by an insolvent company were regarded as part of the general assets of the company, and Oasis was not followed. ......
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Blakeley, in the matter of Akron Roads Pty Ltd (in liq)
...403 Cook (Liquidator), in the matter of Italiano Family Fruit Company Pty Ltd (in liq) v Italiano Family Fruit Company Pty Ltd (in liq) [2010] FCA 1355 Divitkos, in the matter of ExDVD Pty Ltd (in liquidation) [2014] FCA 696 Ghana Commercial Bank v Chandiram [1960] AC 732 Orakpo v Manson In......
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2 firm's commentaries
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Strict compliance with the Corporations Act mandatory for a section 560 subrogation claim
...Cook (as liquidators of Italiano Family Fruit Co Pty Limited (in liquidation)) v Italiano Family Fruit Co Pty Limited (in liquidation) [2010] FCA 1355). Justice Brereton stated that section 560 creates a right of subrogation where one would not otherwise exist, and it does not operate to im......
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Under section 561 Corporations Act, is the liquidator able to claim priority for remuneration, costs and expenses ahead of employee entitlements?
...in Cook (Liquidator), in the matter of Italiano Family Fruit Company Pty Ltd (in liq) v Italiano Family Fruit Company Pty Ltd (in liq) (2010) FCA 1355 "It necessarily follows that the controller is required to withhold funds from the secured creditor that are sufficient to pay priority cred......