Stewart v Atco Controls Pty Ltd (in Liquidation)

JurisdictionAustralia Federal only
JudgeCrennan,Kiefel,Bell,Gageler,Keane JJ.
Judgment Date07 May 2014
Neutral Citation[2013] HCA 15,2013-0501 HCA C,[2014] HCA 15
Docket NumberM141/2013
CourtHigh Court
Date07 May 2014
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55 cases
  • Weinstock v Beck
    • Australia
    • High Court
    • 1 May 2013
    ... ... of voting rights in contravention of s 259D(3), where a company controls the entity that holds shares in it, are also validated subject to court ... ...
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9 firm's commentaries
  • No salvage lien to rescue administrators
    • Australia
    • Mondaq Australia
    • 15 June 2022
    ...Re Universal Distributing Co Ltd (in liq) (1933) 48 CLR 171 at 174 (Universal) as affirmed in Stewart v Atco Controls Pty Ltd (in liq) (2014) 252 CLR 307 The Universal principle is that where a creditor with security forming part of a winding up or insolvent administration, that is cared fo......
  • Back to the future: the 'Newtronics' decision and the liquidator's lien for remuneration
    • Australia
    • Mondaq Australia
    • 12 May 2014
    ...James Stewart in his capacity as Liquidator of Newtronics Pty Ltd (in Liquidation) v Atco Controls Pty Limited (in Liquidation) [2014] HCA 15 Services: Commercial, Dispute Resolution & Litigation, Financial Services Industry Focus: Financial Services Much of our world has changed since ......
  • PPSA and a receiver’s equitable lien over third party property
    • Australia
    • Mondaq Australia
    • 21 September 2014 our legal bulletin published on 17 June 2014 dealing with the High Court case of Stewart v Atco Controls Pty Ltd (in liquidation) [2014] HCA 15. Although a receiver may have an equitable lien for the costs and expenses incurred in relation to the care, preservation and realisation of pro......
  • Court confirms liquidator has first pick over secured creditor of the fruits of litigation
    • Australia
    • Mondaq Australia
    • 22 August 2014
    ...enabling those expenses to be paid in priority to any return to the secured creditor In Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15, the High Court confirmed that an equitable charge will be created even if the claim is brought by the liquidator against the secured credit......
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4 books & journal articles
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • 1 January 2018
    ...that there remain “Many married women still in need of the special protection that Yerkey 95 (1933) 48 CLR 71, 174; [1933] HCA 2. 96 (2014) 252 CLR 307, [11]-[25]; [2014] HCA 2. 97 Project Blue Sky (W’gong) Pty Ltd v ABA (1998) 194 CLR 355, [69]; [1998] HCA 28. 98 Commissioner of Railways (......
  • Security for performance
    • United Kingdom
    • Construction Law. Volume II - Third Edition
    • 13 April 2020
    ...contractual obligations arise, any deposit paid will become repayable on a restitutionary basis. 152 146 Stewart v Atco Controls Pty Ltd [2014] hCa 15 at [50]. he classic instance of where this occurs is in relation to contracts of insurance (a contract of insurance being, in essence, a con......
    • Australia
    • Melbourne University Law Review Vol. 43 No. 3, April 2020
    • 1 April 2020
    ...[85] (Warren CJ), [185] (Redlich JA) ('Atco'). The decision in Ateo was reversed on appeal in Stewart v Ateo Controls Pty Ltd (in liq) (2014) 252 CLR 307, 334-5 [6] (Crennan, Kiefel, Bell, Gageler and Keane JJ) (on reasoning specific to the issue of the plaintiff's entitlement to a liquidat......
    • Australia
    • Melbourne University Law Review Vol. 42 No. 3, August 2019
    • 1 April 2019
    ...Bankruptcy Act 1966 (Cth) s 109(1)(a). (63) Re Universal Distributing (n 61) 174 (Dixon J); Stewart v Atco Controls Pty Ltd (in liq) (2014) 252 CLR 307, 320 [22]-[23] (Crennan, Kiefel, Bell, Gageler and Keane JJ) (64) Stewart (n 63) 318 [16] (Crennan, Kiefel, Bell, Gageler and Keane JJ). (6......

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