David Barry Logistics v Victoria
Supreme Court of Victoria
M Osborne J
13/12/2021
[2021] VSC 828
Constitutional law — Prerogative — Bona vacantia — Property disclaimed by liquidator — Whether right to bona vacantia abrogated by statute — Whether right to bona vacantia vested in Crown in right of Victoria or of Commonwealth — Australian Consumer Law and Fair Trading Act 2012 (Vic), ss 3, 54, 55, 56, 58, 59, 60, 61, 62, 65, 73, 75 — Corporations Act 2001 (Cth), ss 568A, 568B, 568D, 568E, 568F, 601AD
Companies — Winding up — Powers of liquidator — Disclaimer of onerous property — Personal property — Goods in possession of third party recipient — Recipient unlicensed and unwilling to store and dispose of goods — Whether State a person in or to whom it seems to the Court appropriate that property be vested or delivered — Corporations Act 2001 (Cth), s 568F
Read the judgment here.