Federal Court of Australia
Federal Court of Australia
Cribb (Liquidator), in the matter of Aledi Pty Ltd (in liq) [2022] FCA 1250 File number: WAD 201 of 2022
Judgment of: JACKSON J
Date of judgment: 20 October 2022
Catchwords: CORPORATIONS - application for replacement of sole liquidator of companies - current liquidator retiring - replacement with new liquidator of the same firm -application approved
Legislation: Corporations Act 2001 (Cth) s 473A, 499, Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Insolvency Practice Rules (Corporations) 2016 (Cth) ss 70-30, 70-40
Cases cited: Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq) [2022] FCA 649
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of hearing: 20 October 2022
Counsel for the Plaintiff: Mr LN Firios
Solicitor for the Plaintiff: Lander & Rogers Lawyers
ORDERS WAD 201 of 2022 IN THE MATTER OF ALEDI PTY LTD (IN LIQ) (ACN 101 841 329) NEIL RAYMOND CRIBB IN HIS CAPACITY AS THE LIQUIDATOR OF ALEDI PTY LTD (IN LIQ) (ACN 101 841 329) Plaintiff
order made by: JACKSON J DATE OF ORDER: 20 OCTOBER 2022
THE COURT ORDERS THAT:
1. Paragraphs 2 and 3 below take effect nunc pro tunc upon the resignation of Neil Raymond Cribb as liquidator of the companies identified in paragraphs 2 and 3 below. 2. Pursuant to s 473A of the Corporations Act 2001 (Cth), Jerome Hall Mohen is appointed as the liquidator of: (a) Aledi Pty Ltd (ACN 101 841 329); (b) Brockman Holdings WA Pty Ltd (ACN 097 442 898); (c) Bullion Bourse Pty Ltd (ACN 140 221 067); (d) Denture Clinics (WA) Pty Ltd (ACN 139 371 001); (e) Derek Flatman & Associates Pty Ltd (ACN 009 416 933); (f) Handanhay Pty Ltd (ACN 102 165 024); (g) Highrock Aust Pty Ltd (ACN 123 411 496); (h) PBJS (WA) Pty Ltd (ACN 160 088 371); (i) PE Capital Ltd (ACN 605 156 018); (j) RD Transport Pty Ltd (ACN 161 694 328); (k) Skybell Pty Ltd (ACN 113 476 752) (l) Winter Holdings (WA) Pty Ltd (ACN 135 824 298); and (m) 53/53 Pty Ltd (ACN 128 659 807). 3. Pursuant to s 499(3)(a) of the Corporations Act 2001 (Cth), Jerome Hall Mohen is appointed as the liquidator of: (a) Planet Mining Pty Ltd (ACN 108 636 531); and (b) Shields Contracting Pty Ltd (ACN 059 029 506). 4. Jerome Hall Mohen is not required to perform tasks required by sections 70-30 and 70-40 of the Insolvency Practice Rules (Corporations) 2016 (Cth) that have already been performed by Neil Raymond Cribb in the liquidations of the companies identified in paragraphs 2 and 3 above. 5. Creditors of the companies listed in paragraphs 2 and 3 above must be notified by circular to their last known email address, or address, as to the resignation of Neil Raymond Cribb, the appointment of Jerome Hall Mohen, and the remuneration rates of the liquidator and his staff that are to apply in each liquidation. 6. Costs of the application are to be borne by RSM Australia Partners. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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