Lee, in the matter of Hyperbarics Australia Pty Ltd v Hyperbarics Australia Pty Ltd [2011] FCA 1429

FEDERAL COURT OF AUSTRALIA

Lee, in the matter of Hyperbarics Australia Pty Ltd v Hyperbarics Australia Pty Ltd [2011] FCA 1429 Citation: Lee, in the matter of Hyperbarics Australia Pty Ltd v Hyperbarics Australia Pty Ltd [2011] FCA 1429

Parties: JACQUELINE AMELIA LEE v HYPERBARICS AUSTRALIA PTY LTD ACN 111 872 096 and PAUL LAWRENCE SHELLEY

File number(s): NSD 2151 of 2011

Judge: JAGOT J

Date of judgment: 9 December 2011

Catchwords: CORPORATIONS – application for appointment of provisional liquidator

Legislation: Corporations Act 2001 (Cth) s 472(2)

Date of hearing: 9 December 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 4

Solicitor for the Plaintiff: Ms C Perry of Parry Carroll Lawyers

Counsel for the First Defendant: The first defendant did not appear

Counsel for the Second Defendant: The second defendant appeared in person

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2151 of 2011

IN THE MATTER OF HYPERBARICS AUSTRALIA PTY LTD aCn 111 872 096 BETWEEN: JACQUELINE AMELIA LEE

Plaintiff

AND: HYPERBARICS AUSTRALIA PTY LTD ACN 111 872 096

First Defendant

PAUL LAWRENCE SHELLEY

Second Defendant

JUDGE: JAGOT J DATE OF ORDER: 9 DECEMBER 2011 WHERE MADE: SYDNEY

THE COURT:

1. Orders that, pursuant to s 472(2) of the Corporations Act 2001 (Cth) (the Corporations Act), Roderick Sutherland of Jirsch Sutherland, Level 4, 55 Hunter St, Sydney, official liquidator, be appointed as provisional liquidator of the first defendant. 2. Orders that the said Roderick Sutherland be appointed until further order and with the following powers: (a) the powers conferred on him in his capacity as provisional liquidator by s 472 of the Corporations Act; and (b) the power to investigate and to require the plaintiff, the second defendant, Lawrence Shelley, Lynette Martin, officers and employees of the first defendant to provide information, books and records in relation to the business, assets, liabilities, income and expenses of the company. 3. Directs that within 30 days or such further time as the Court might allow, the said Roderick Sutherland report to the Court and to the plaintiff and second defendant on the results of his investigations. 4. Directs that the said Roderick Sutherland will be justified in retaining Mr Gordon Harrod as consultant to report on the above matters and the prospects of the business of the first defendant continuing as a going concern. 5. Grants liberty to the said Roderick Sutherland to apply on three days' notice for directions. 6. Stands the proceeding over to the Corporations List at 9.30 a.m. on 10 February 2012. 7. Directs that these orders may be entered forthwith. 8. Orders that the costs of the interlocutory process filed on 30 November 2011 be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.