Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walley, in the matter of Poles & Underground Pty Ltd (Administrators Appointed) [2017] FCA 486 File number: NSD 2075 of 2016
Judge: GLEESON J
Date of judgment: 19 April 2017
Date of publication of reasons: 9 May 2017
Date of Addendum: 25 August 2017
Catchwords: CORPORATIONS – winding up – creditors' voluntary winding up – liquidators – application by liquidator for order that liquidators are justified in continuing in their role – whether liquidators in position of conflict of interest or whether there could be a reasonable perception of conflict of interest – where liquidators had provided accounting services to company prior to appointment – no real or perceived conflict of interest found – application granted
Legislation: Corporations Act 2001 (Cth)
Cases cited: Advance Housing Pty Ltd (in liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230 Australian Executor Trustees Ltd v Provident Capital Ltd, re Provident Capital Ltd (recs and mgrs apptd) (in liq) [2013] FCA 1461 Australian Securities and Investments Commission v Franklin (liquidator), re Walton Constructions Pty Ltd [2014] FCAFC 85; (2014) 223 FCR 204 Crawford v Oswald Park Pty Ltd (in liq) [2006] NSWSC 987 Dean-Willcocks v Soluble Solution Hydroponics (1997) 42 NSWLR 209 Domino Hire Pty Ltd v Pioneer Park Pty Ltd (In Liq) [1999] NSWSC 1046; (1999) 18 ACLC 13 Gorman v Australian Securities and Investments Commission [2008] FCA 962 Parker (Liquidator) v SSL Management Pty Limited T/As Sunrise Supported Living (In Liq); Re SSL Management Pty Limited T/As Sunrise Supported Living (In Liq) [2016] FCA 1053 Re 7 Steel Distribution Pty Limited (in liq) (recs and mgrs apptd) [2013] NSWSC 669 Re Ansett Australia Ltd and Korda [2002] FCA 90; 115 FCR 409 Re ICS Real Estate Pty Ltd (in liq); and Re Independent Contractor Services (Aust) Pty Ltd (in liq) [2014] NSWSC 479 Re MF Global Australia Ltd (in liq) [2012] NSWSC 994; (2012) 267 FLR 27 Re Purchas as liquidator of Astarra Asset Management Pty Ltd (in liq) [2011] NSWSC 91 S & D International (in liq) v MIG Property Services [2010] VSC 336; (2010) 79 ACSR 373 Warne v GDK Financial Solutions; Peridon Village Nominees, application of Billingham [2006] NSWSC 464; (2006) 24 ACLC 1019 Warner, re GTL Tradeup Pty Ltd (in liq) [2015] FCA 323; (2015) 104 ACSR 633 Woodings, re Bell Group Ltd (No 2) [2016] FCA 1126
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