Pinklillies Pty Ltd (Trustee), in the matter of Northwest Motel Group Pty Ltd (in liq) v Huxtable [2011] FCA 1543

FEDERAL COURT OF AUSTRALIA

Pinklillies Pty Ltd (Trustee), in the matter of Northwest Motel Group Pty Ltd (in liq) v Huxtable [2011] FCA 1543 Citation: Pinklillies Pty Ltd (Trustee), in the matter of Northwest Motel Group Pty Ltd (in liq) v Huxtable [2011] FCA 1543

Parties: PINKLILLIES PTY LTD (ACN 088 594 030) AS TRUSTEE OF THE BLIGHT FAMILY TRUST and SQUIRE'S PTY LTD (ACN 000 164 312) AS TRUSTEE FOR THE MARDEN SUPERANNUATION FUND v CARL ALAN LOUIS HUXTABLE and SUMMERSLEGAL

File number: QUD 285 of 2011

Judge: LOGAN J

Date of judgment: 19 December 2011

Catchwords: CORPORATIONS – removal of liquidator – actual or reasonable apprehension of bias – where liquidator was an employee of a company which is controlled by same person as an entity which is a creditor in the winding up – where debt needs to be proved – whether liquidator is in conflict – liquidator removed

Legislation: Corporations Act 2001 (Cth) s 440A, 473, 532 Federal Court Rules 2011 (Cth) r 9.05 Companies Act 1961 (NSW) s 10

Cases cited: Apple Computer Australia Pty Ltd v Wiley (2003) 46 ACSR 729 followed Brian Cassidy Electrical Industries Pty ltd (in prov liq) v Attalex Pty Ltd [1984] 3 NSWLR 52 applied Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 cited Re Allebart Pty Ltd (in liq) [1971] 1 NSWLR 24 considered Re National Safety Council of Australia; Victorian Division [1990] VR 29 followed Re RK Newson Pty Ltd (provisional liquidator appointed) [1993] FCA 386 cited Re Shanks Byrne (in liq) and the Companies Act (1979) [1979] 2 NSWLR 880; 4 ACLR 676 followed Re Stewden Nominees No 4 Pty Ltd (1975) 1 ACLR 185 cited Re West Australian Gem Explorers Pty Ltd (1994) 13 ACSR 104 cited Gronow M, McPherson's Law of Company Liquidations (Lawbook Co, Subscription Service) at [6.400] and [8.120] McPherson BH, McPherson on Company Liquidations (3rd ed) pp 209