The Queensland Court of Appeal has ruled that a registered AllPAAP security interest can attach property acquired by a company after effectuation of a deed of company arrangement.
In brief
In Kirk v Moreton Resources Pty Ltd [2026] QCA 186, the Court of Appeal allowed an appeal by Darryl Kirk, as receiver of Moreton Resources Pty Ltd (Receiver Appointed) (Moreton Resources).
The dispute concerned competing claims to Research and Development tax refunds that might materialise if Moreton Resources succeeds in proceedings commenced by it in the Administrative Review Tribunal against the Commissioner of Taxation (the ART proceedings).
Mr Kirk sought a declaration that he was entitled, as receiver, to maintain, conduct and carry on the ART…