Toy, L.C.A. v. Registrar of Companies for the Northern Territory [1986] FCA 240

ATCHWORDS

COMPANIES - Liquidation - Inquiry into conduct of liquidator - Propriety of general delegation by liquidator of his duties - Whether liquidator acted deceptively in relation to delegation - Application by liquidator for appointment of provisional Liquidator of creditor company - Whether application was necessary and proper - Whether material placed before Court in support of application was misleading - Decision to appeal to High Court against decision of Full Federal Court disallowing Claim by liquidator - Appeal filed after advice from counsel that an appeal was "justified" - Whether liquidator acted negligently in not seeking from counsel more detailed advice concerning conflicting relevant authorities - Alleged failure of Liquidator to obtain advice regarding possible claims of beneficial ownership by company of shares in another company or to recover $10,000 improperly debited to company - Whether liquidator was negligent in falling to perceive the existence of possible claims - Whether loss occasioned - Debit to company's accounts of penalty fees for late lodgment of statutory returns - Whether this constituted a fraud upon the creditors of the company - Payment by liquidator of accountancy fees ~ Liquidator a member of the firm to whom payment made during part of the period of work - Wether 'Fees,

vy

properly paid in absence of taxation. ? Rec 4

c! 20 JUN 1986 A Pate ar

PRACTICE - Reproduction of material irrelevant to issues arising on appeal - Special order for costs in relation

thereto - Inclusion of unnecessary references in lists of

authorities to be cited.

Companies Act (N.T.) s9.236, 278.

Commissioner for Corporate Affairs v Harvey [£19803 VR 669, Re Bridal Centre Co Pty Ltd (1985) 59 ACTR 1, Re Stewden Nominees No.4 Pty Limited (1975) 1 ACLR 185, Re Photo Holdings Pty Limited (1976) 2 ACLR 117, Re Intercontinental Properties Pty Limited (in liq.) (1977) 2 ACLR 488, Re Nickel Mines Limited (1978) 3 ACLR 686, Snook v_ London and West Riding Investments Ltd [£19761 2 QB 786, Mahony v Commissioner of Taxation (1967) 41 ALJR 232, Dunlop v_ Woollahra Municipal Council £19823 Ac 158, Perpetual Trustee Co v Watson (No.2) (1927) 28 SR (NSW), National Trustees Co of Australasia v General Finance Co of Australasia £19053 AC 373, In re Windsor Steam Coal Company (1901) Limited [192813 1 Ch. 609, Ex parte James, In re Condon (1874) 9 Ch.App. 609, Re Ayoub: Ex parte Silvia (1983) 67 FLR 144, In re Clark; Ex parte The Trustee v Texaco Ltd £19753 1 WLR 559, Re Docker; Ex parte Official Receiver (1938) 10 ABC 97, Scranton's Trustee v Pearse £19223 2 Ch. 87, Downs Distributing Co Pty Ltd v Associated Biue Star Stores Pty Ltd (In Liquidation) (1948) 76 CLR 463, Re Chemical Plastics Ltd £1959] VR 570 referred to.