White, in the matter of Macro Realty Developments Pty Ltd and Macro Realty Pty Ltd [2019] FCA 1377

FEDERAL COURT OF AUSTRALIA

White, in the matter of Macro Realty Developments Pty Ltd and Macro Realty Pty Ltd [2019] FCA 1377 File number: WAD 332 of 2019

Judges: MCKERRACHER J

Date of judgment: 20 August 2019

Date of publication of reasons: 26 August 2019

Catchwords: CORPORATIONS – liquidators' remuneration – application for remuneration of provisional liquidation and liquidation – principles relevant to the assessment of liquidators' remuneration – where no creditors' meeting convened – remuneration sought reasonable

Legislation: Corporations Act 2001 (Cth) ss 473, 473(2), 473(3), 473(3)(b)(ii), 473(4), 473(10), Sch 2 Federal Court (Corporations) Rules 2000 (Cth) rr 1.8, 9.3(3), 9.3(7), 9.3(8), 9.4(2), 9.4(2)(b), 9.4(3), 9.4(3)(c), Federal Court Rules 2011 (Cth) r 10.31, 10.44, 10.44(3)

Cases cited: Australian Securities and Investments Commission v Macro Realty Developments Pty Ltd [2017] FCA 642 Barbo Group Pty Ltd v Investment and Construction Enterprise Pty Ltd [2012] VSC 71 Re Earning Pty Ltd (in liq) [2019] VSC 152 Hayes, in the matter of Henry Walker Eltin Group Limited (subject to deed of company arrangement) (No 2) [2014] FCA 30 Re Hunter Valley Dental Surgery Pty Ltd [2017] NSWSC 1144 Re Interchase Co Ltd (In Prov Liq) (1993) 44 FCR 501 Re Melbourne Co-Operative Book Shop Ltd (in liq) [2015] VSC 69 Re Molyneux Aluminium Pty Ltd [1970] VR 456 Morgan, in the Matter of Brighton Hall Securities Pty Ltd [2018] FCA 2029 Re Norfolk Island Airlines Pty Ltd (in liq) (1991) 5 ACSR 430 Park v Whyte (No 2) [2018] 2 Qd R 413 Re Perdives Pty Ltd [2015] QSC 230 Re Ricki Pty Ltd [2015] NSWSC 2048 Re Sectam Pty Ltd (1990) 8 ACLC 476 Re Spedley Securities (unreported, Supreme Court of New South Wales, Kearney J, 25 November, 1991) Deputy Commissioner of Taxation v Starpicket Pty Ltd (No 2) [2013] FCA 699 Venetian Nominees Pty Ltd v Conlan (1998) 20 WAR 96 Re Walker as liq of One.Tel Ltd (2005) 189 FLR 467