Re Trident Star Enterprises Pty Ltd (admin apptd)

[2025] VSC 215

Supreme Court of Victoria

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Interrogate

Catchwords

1. Corporations
2. › Voluntary administration
3. › Appointment of administrators
4. › Validity of appointment
5. › Purported exercise of director's powers by attorney under power of attorney
6. › Whether appointment can be validated
7. › Corporations Act 2001 (Cth), ss 436A, 447A
1. Corporations
2. › Voluntary administration
3. › Corporate trustee
4. › Whether company acted solely as trustee
5. › Direction under Insolvency Practice Schedule
6. › Corporations Act 2001 (Cth), sch 2, ss 90-15, 90-20
1. Corporations
2. › Voluntary administration
3. › Corporate trustee
4. › Trust assets
5. › Power to deal with trust assets
6. › Whether powers should be conferred under Trustee Act or administrators appointed as receivers
7. › Trustee Act 1958 (Vic), s 63(1)
8. › Supreme Court Act 1986 (Vic), s 37(1)
1. Corporations
2. › Voluntary administration
3. › Corporate trustee
4. › Bare trustee
5. › Payment of administration costs from trust assets
6. › Trustee's equitable right of exoneration
7. › Corporations Act 2001 (Cth), sch 2, ss 90-15, 90-20

Quick Take

A power of attorney cannot be used to exercise a director's powers to appoint voluntary administrators, but such an appointment can be validated under s 447A of the Corporations Act where the administration is consistent with the objects of Part 5.3A and no substantial prejudice results.