Winterbottom, in the matter of Ballistic Hydraulic Hose and Fittings Pty Ltd (in liq) [2017] FCA 1101

FEDERAL COURT OF AUSTRALIA

Winterbottom, in the matter of Ballistic Hydraulic Hose and Fittings Pty Ltd (in liq) [2017] FCA 1101 File number: NSD 1269 of 2017

Judge: GLEESON J

Date of judgment: 31 August 2017

Date of publication of reasons: 18 September 2017

Catchwords: CORPORATIONS – application for removal and appointment of court appointed liquidators pursuant to s 473 of the Corporations Act 2001 (Cth) – application for removal and appointment of liquidators appointed in creditors' voluntary liquidations pursuant to s 503 – whether this Court has power to make orders under s 473(7) even where the liquidation and appointment of liquidators was made by another superior court – where one of two court appointed liquidators wishes to resign from full-time employment – where appropriate to have the appointment of two joint and several liquidators – where appropriate for ensuring continuity in the liquidation to appoint liquidators from the one firm – application pursuant to s 1322 for order for the synchronisation of half-yearly reports – application for leave under s 532(2) to be appointed and act as liquidators where company may be indebted to appointee and appointee may be a partner of an officer of the company – applications granted

Legislation: Corporations Act 2001 (Cth) Insolvency Law Reform Act 2016 (Cth) Corporations Regulations 2001 (Cth) Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 (Cth)

Cases cited: Condon v Watson [2009] FCA 11; (2009) 174 FCR 314 Free & Ors [2010] NSWSC 1079 Naudi, re ACN 156 335 787 Pty Ltd (in liq) [2017] FCA 815 Re Ambridge Investments Pty Ltd [2015] NSWSC 1671; (2015) 33 ACLC 15-043 Re Kukulovski, Arnautovic & Crisp [2015] NSWSC 2040