Supreme Court - Trial Division

Linc Energy Ltd (in Liq) [2017] QSC 053 (16/11363) Jackson J 13 April 2017

Full-text: QSC17-053.pdf

Catchwords

CORPORATIONS – WINDING UP – WINDING UP VOLUNTARILY – CONDUCT AND INCIDENTS OF WINDING UP – EFFECT OF WINDING UP ON OTHER TRANSACTIONS – DISCLAIMER OF ONEROUS PROPERTY – where a company was the proprietor of land and held a Mineral Development License and Petroleum Facility Licence in respect of that land – where the company held an Environment Authority issued under the Environmental Protection Act 1994 (Qld) in association with each of the licenses – where the respondent issued an environmental protection order under the Environmental Protection Act 2007 (Qld) to the company in administration – where the company entered voluntary winding up and the applicants were appointed as liquidators – where the applicants gave notice disclaiming the land licences, the Environment Authorities and the land the subject of the licenses under s 568 of the Corporations Act 2001 (Cth) – whether the company’s obligation to comply with the environmental protection order could be terminated as a liability in respect of disclaimer property

CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, S 109) – PARTICULAR CASES – OTHER MATTERS – where the applicants argued they would be entitled to terminate their obligations arising under the Environmental Protection Act 2007 (Qld) by way of a disclaimer under ss 568 and 568D of the Corporations Act 2001 (Cth) – where the applicants argued that the Corporations Act 2001 (Cth) prevailed over the Environmental Protection Act 2007 (Qld) to the extent of any inconsistency by reason of s 109 of The Constitution – where s 5G of the Corporations Act 2001 (Cth) provided that provisions of the Corporations Act 2001 (Cth) do not apply where they are inconsistent with a state law in force immediately prior to the coming into operation of the Corporations Act 2001 (Cth) – whether s 5G(11) of the Corporations Act 2001 (Cth) has the effect that s 568D(1) of the Corporations Act 2001 (Cth) does not operate in Queensland to the extent necessary to ensure that no inconsistency arises