Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Termicide Pest Control Pty Ltd, in the matter of Granitgard Pty Ltd (in liq) v Albarran [2011] FCA 1410 Citation: Termicide Pest Control Pty Ltd, in the matter of Granitgard Pty Ltd (in liq) v Albarran [2011] FCA 1410
Parties: TERMICIDE PEST CONTROL PTY LTD v RICHARD ALBARRAN AND BRENT TREVOR-ALEX KIJURINA AS LIQUIDATORS OF GRANITGARD PTY LTD
File number: QUD 505 of 2011
Judge: REEVES J
Date of judgment: 9 December 2011
Catchwords: CORPORATIONS – application under s 503 of the Corporations Act 2001 (Cth) to remove a liquidator – liquidator voluntarily appointed by insolvent company – insolvent company involved in a transaction that is at least questionable – consideration of 'cause' to remove a liquidator – liquidator may be removed if the Court is satisfied that it is in the general interest of the creditors of the insolvent company to do so – liquidator need not have demonstrated unfitness, impropriety or breach of duty HELD – application granted
Legislation: Trade Practices Act 1974 (Cth) Corporations Act 2001 (Cth) s 503
Cases cited: Granitgard Pty Ltd v Termicide Pest Control Pty Ltd (No 5) [2010] FCA 313 McAuliffe v Lidia Perin Memorial Hospital Pty Ltd (2006) 58 ACSR 666; [2006] ACTSC 88 Emerton Pty Ltd v Referral Marketing Services Pty Ltd [2009] NSWSC 738 Carter, In the matter of Bramac Investments Pty Ltd [2010] FCA 317 Independent Cement and Lime Pty Ltd v Brick and Block Co Ltd (in liq) (recs and mgrs apptd) (2010) 267 ALR 613; [2010] FCA 352
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