The Court conferred power under s 63 of the Trustee Act 1958 (Vic) on a company in liquidation, which had been trustee of a trading trust, to facilitate realisation of trust assets and wind up the trust. The Court preferred the s 63 route over appointing the liquidator as receiver of trust assets, on the basis that the company was a bare trustee, no new trustee had been or was likely to be appointed, the business had ceased trading, and trust property was likely to be exhausted following distribution — yielding efficiencies from the liquidator acting in a single capacity. The Court applied the Re Amerind factors to confirm the company traded solely as trustee and held no assets or liabilities in its own right.
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