White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 6)

The case involved Mossgreen Pty Ltd, which was placed into liquidation, and White, an unpaid vendor who sought directions under section 90-15 of the Insolvency Practice Schedule (Corporations). The dispute centred on whether the liquidators were justified in treating certain monies as company assets and whether trust claims could be determined under section 90-15, despite opposition from White. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues were whether the liquidators had acted within their powers in treating the funds in question as company assets and if the court could determine the trust claims under section 90-15. The court had to consider whether the liquidators' actions were justified and whether the trust claims could be decided in the context of the liquidation proceedings.

The court held that the liquidators were justified in treating the funds as company assets, finding that there was no evidence of a trust arrangement. The court also determined that trust claims could not be determined under section 90-15, as the provision was intended for resolving disputes over the ownership of specific assets and not for adjudicating trust claims. Consequently, the liquidators' decision to treat the funds as company assets was upheld.

The court dismissed White's application and ordered that the funds in question be treated as company assets. No further orders were made regarding the trust claims, as they were deemed outside the scope of the liquidators' jurisdiction under section 90-15.