Day, Kenneth Leonard v Mount, Michael Jaunay [1984] FCA 88

. CATCHWORDS COMPANIES - winding-up petition - appointment of provisional liquidator - petition subsequently dismissed

termination of appointment of provisional liquidator - summons by contributory of Company seeking order that provisional liquidator re-transfer to Company all moneys held by him arising from provisional liquidation - provisional liquidator's entitlement to remuneration and expenses - whether order appointing provisional liquidator rendered ineffective ab initio _- power of Court to make order with respect to provisional liquidator's remuneration subsequent to petition being dismissed - provisional liquidator not disentitled to remuneration by

~

reason only of dismissal of petition.

Companies Act (N.T.) sub-s. 232(2)

Rules of Court (Companies Act) 1965 (South Australia) sub-rule 52(8)

KENNETH LEONARD DAY (Appellant) -v- MICHAEL JAUNAY MOUNT (Respondent)

NO. NTG 35 of 1983

TOOHEY, MCGREGOR, & FITZGERALD JJ DARWIN

11 APRIL 1984

IN THE FEDERAL COURT OF AUSTRALIA ) NORTHERN TERRITORY OF AUSTRALIA )

DISTRICT REGISTRY ) No NTG 35 of 1983 GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY

IN THE MATTER of NORTH AUSTRALIAN PROPERTIES PTY LIMITED

- and -

IN THE MATTER of the COMPANIES ORDINANCE 1963 (as amended)

' .

- lyin Beer ee

BETWEEN :

KENNETH LEONARD DAY

"+ Ss ot eMogcrt a -- | Appéllant = -

tye

MICHAEL JAUNAY MOUNT

Respondent

JUDGES MAKING ORDER: Toohey, McGregor & Fitzgerald JJ DATE OF ORDER: 11 April 1984

WHERE MADE: Darwin

THE COURT DECLARES THAT:

1. The provisional liquidator is not disentitled to remuneration by reason only of the dismissal of the petition.

THE COURT ORDERS THAT: