Smith, in the matter of Oceanic Asset Management Pty Ltd [2016] FCA 644

FEDERAL COURT OF AUSTRALIA

Smith, in the matter of Oceanic Asset Management Pty Ltd [2016] FCA 644 File number: WAD 438 of 2015

Judge: BARKER J

Date of judgment: 1 June 2016

Catchwords: CORPORATIONS – application for determination of provisional liquidator's remuneration pursuant to s 473(2) of the Corporations Act 2001 (Cth) – whether remuneration includes disbursements – whether amount of remuneration fair and reasonable

Legislation: Corporations Act 2001 (Cth) ss 473, 473(2), 536, 1321 Federal Court (Corporations) Rules 2000 (Cth) R 9.3

Cases cited: ACN 104 635 369 Pty Ltd (in liq) (formerly Total Plant Services Pty Ltd) v Hamilton [2015] FCA 1219 Deputy Commissioner of Taxation v Starpicket Pty Ltd (No 2) [2013] FCA 699 Re Korda; in the matter of Stockford Ltd (2004) 149 FCR 424; [2004] FCA 1682 Re Medforce Healthcare Services (in liq) [2001] 3 NZLR 145 Re Timeshare Resort Club Ltd (in liq) (2010) 187 FCR 13; [2010] FCA 673 Venetian Nominees Pty Ltd and Others v Conlan (1998) 20 WAD 96; (1998) 16 ACLC 1653

Date of hearing: Determined on the papers

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 21

Solicitor for the Applicant: Clayton Utz

ORDERS WAD 438 of 2015 IN THE MATTER OF OCEANIC ASSET MANAGEMENT PTY LTD, OCEANIC EQUITIES PTY LTD, AUSTRALIAN GLOBAL CAPITAL PTY LTD, MULATO MANAGEMENT SERVICES, MULATO NOMINEES PTY LTD AND RIDGEWAY HOUSE PTY LTD VINCENT ANTHONY SMITH IN HIS CAPACITY AS FORMER PROVISIONAL LIQUIDATOR OF AUSTRALIAN GLOBAL CAPITAL PTY LTD ACN 130 826 470 (IN LIQUIDATION) AND MULATO NOMINEES PTY LTD ACN 008 980 309 (IN LIQUIDATION) Applicant