Griffiths, in the matter of Auscabs Payment Solutions Pty Ltd [2017] FCA 1626

FEDERAL COURT OF AUSTRALIA

Griffiths, in the matter of Auscabs Payment Solutions Pty Ltd [2017] FCA 1626 File number: NSD 2241 of 2017

Judge: YATES J

Date of judgment: 19 December 2017

Catchwords: CORPORATIONS – application for appointment of new liquidator upon resignation of existing liquidator

Date of hearing: 19 December 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 10

Counsel for the Plaintiffs: B K Koch

Solicitor for the Plaintiffs: William James Lawyers

ORDERS NSD 2241 of 2017 IN THE MATTER OF AUSCABS PAYMENT SOLUTIONS PTY LTD (IN LIQUIDATION) ACN 161 774 296

WILL GRIFFITHS First Plaintiff

ANDREW JAMES BARNDEN Second Plaintiff

JUDGE: Yates j DATE OF ORDER: 19 DECEMBER 2017

THE COURT ORDERS THAT:

1. The originating process be returnable instanter. 2. Pursuant to s 437A of the Corporations Act 2001 (Cth) (the Act) and ss 90-15(1) and 90-15(3)(c) of Sch 2 to the Act, the vacancies which will arise upon the resignation of the first plaintiff as liquidator of the companies listed in Sch 1 to the originating process on 19 December 2017 be filled by the second plaintiff. 3. Pursuant to s 499(3)(a) of the Act and ss 90-15(1) and 90-15(3)(c) of Sch 2 to the Act, the vacancy which will arise upon the resignation of the first plaintiff as liquidator of the company listed in Sch 2 to the originating process on 19 December 2017 be filled by the second plaintiff. 4. Pursuant to s 499(3)(a) of the Act and ss 90-15(1) and 90-15(3)(c) of Sch 2 to the Act, the vacancies which will arise upon the resignation of the first plaintiff as liquidator of the companies listed in Sch 3 to the originating process on 19 December 2017 be filled by the second plaintiff. 5. To the extent necessary, the second plaintiff be appointed to the position of liquidator notwithstanding any financial interest he may have in the companies the subject of those appointments arising from remuneration or expenses owed to the first plaintiff in his capacity as liquidator of those companies. 6. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.