Williams v Arnold [2010] FCA 732

FEDERAL COURT OF AUSTRALIA

Williams v Arnold [2010] FCA 732 Citation: Williams v Arnold [2010] FCA 732

Parties: STEVEN JOHN WILLIAMS v MARK SUMMERS ARNOLD, CORPERS (NO 468) PTY LTD and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

File number: NSD 621 of 2010

Judge: EMMETT J

Date of judgment: 30 June 2010

Legislation: Bankruptcy Act 1966 (Cth) s 29 Corporations Act 2001 (Cth) ss 175, 461, 601AH, 601AB Insolvency Act 1986 (UK) ss 279, 272

Date of hearing: 30 June 2010

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 19

Counsel for the Applicant: JT Johnson

Solicitor for the Applicant: Sally Nash & Co.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 621 of 2010

BETWEEN: STEVEN JOHN WILLIAMS

Applicant

AND: MARK SUMMERS ARNOLD

First Respondent

CORPERS (NO 468) PTY LTD

Second Respondent

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Third Respondent

JUDGE: EMMETT J

DATE OF ORDER: 30 June 2010

WHERE MADE: SYDNEY

THE COURT:

1. ORDERS THAT, pursuant to the letter of request issued by the High Court of Justice Chancery Division of England and Wales dated 14 May 2010,the appointment of Steven John Williams as trustee of the estate of Mark Summers Arnold, a bankrupt, be and such appointment is hereby recognised. 2. DECLARES THAT the real property known as 66 Kalandar Street, Nowra being the property in folio identifier 21/592905 (the Property), is vested in the applicant AND THAT the applicant is entitled to be registered under the Real Property Act 1900 (NSW) as the proprietor of the Property 3. ORDERS THAT vacant possession of the Property be granted to the applicant. 4. ORDERS THAT a writ of possession issue forthwith with respect to the Property. 5. ORDERS THAT, pursuant to s 601AH of the Corporations Act 2001 (Cth) (the Act) the registration of Corpers (No 468) Pty Ltd (ACN 003 320 947) (the Company) (a deregistered corporation) be reinstated. 6. ORDERS THAT the applicant pursuant to s 175 of the Act be registered as the holder of 2 ordinary A class shares fully paid in the issued share capital of the Company and that the register of members of the Company be amended accordingly. 7. DECLARES THAT it is just and equitable that the Company be wound up. 8. ORDERS THAT pursuant to s 468(1)(k) of the Act, the Company be wound up on the just and equitable ground. 9. ORDERS THAT Warren White be appointed official liquidator of the Company. 10. ORDERS THAT the applicant be authorised to appoint, if necessary, solicitors, agents, or contractors, including but not limited to valuers, accountants, real estate agents, surveyors in Australia to advise or assist him in the discharge of his duties as trustee within Australia. 11. ORDERS THAT the applicant, as trustee of the property of Mark Summers Arnold, after payment of any encumbrances on the said property within Australia and of the costs, charges and expenses that may be incurred in the exercise of any of the powers in realising property vested in him within Australia be authorised to remit such surplus to the United Kingdom. 12. ORDERS THAT the applicant, first respondent, second respondent and Warren White be at liberty to apply to the Court on 3 days notice in writing for consequential or ancillary orders or directions as may be necessary. 13. ORDERS THAT the applicant and Warren White have liberty to apply for such further or other orders as may be necessary.