Full Court Minute Books

Case M137/2018

Carter Holt Harvey Woodproducts Australia Pty Ltd v.  Commonwealth of Australia & Ors

Case No.


Case Information

Lower Court Judgment

28/02/2018 Supreme Court of Victoria (Court of Appeal)
(Ferguson CJ, Whelan, Kyrou, McLeish & Dodds-Streeton JJA)

[2018] VSCA 41


Corporations – Trustee corporations – Corporations Act 2001 (Cth) s 433(2) – Where creditors resolved to wind up corporate trustee – Where receivers sought directions – Where primary judge held receivers justified in proceeding on basis receivership surplus properly characterised as trust property and s 433 did not apply to surplus – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding “property of the company” in s 433(2) included not only trustee’s right of indemnity but also underlying trust assets to which trustee company could have recourse – Whether Court of Appeal erred in concluding corporate trustee’s right of indemnity from trust assets was “property comprised in or subject to a circulating security interest” for purposes of s 433(2).

Short particulars


17/08/2018 Hearing (SLA, Melbourne)

31/08/2018 Notice of appeal

11/09/2018 Submitting appearance (Third Respondent)

05/10/2018 Written submissions (Appellant)

05/10/2018 Chronology (Appellant)

02/11/2018 Written submissions (First Respondent)

02/11/2018 Written submissions (Second Respondents)

16/11/2018 Reply

05/02/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

05/02/2019 Outline of oral argument (Appellant)

05/02/2019 Outline of oral argument (First Respondent)

19/06/2019 Judgment (Judgment summary)