In the matter of Austral Alloys Pty Ltd [2021] NSWSC 1242

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Austral Alloys Pty Ltd [2021] NSWSC 1242 Hearing dates: 20 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made winding up the company. Court grants leave to Mr Hayes to be appointed and act as liquidator in the winding up. Catchwords: CORPORATIONS — Winding up — Appointment of liquidators — Where liquidator was previously Court-appointed receiver and manager of assets of the company — Where plaintiff seeks to reverse his previous consent to the receiver and manager's appointment as liquidator — Where plaintiff foreshadows claim against receiver and manager under s 420A of the Corporations Act — Where receiver and manager has claim in respect of his remuneration — Whether to grant leave to the receiver and manager to be appointed and act as liquidator in the winding up. Legislation Cited: - Corporations Act 2001 (Cth), s 461, 532 Cases Cited: - Patakas v Bevan [2017] NSWSC 1592 - Re Austral Alloys Pty Limited [2021] NSWSC 637 - Re Australasian Barrister Chambers Pty Ltd (in liq) [2017] NSWSC 597 - Re FGM Print Pty Ltd [2018] NSWSC 1478 - Re McGrath (2010) 266 ALR 642; (2010) 78 ACSR 405; [2010] NSWSC 404 - Re OGL Resources Ltd [2015] NSWSC 58 Category: Principal judgment Parties: Paul Michael Hinson (Plaintiff) Austral Alloys Pty Limited (First Defendant) Peter John Morrison (Second Defendant) Brendan Liam Quoyle (Third Defendant) Representation: Counsel: P Newton (Plaintiff) C Harris (Receiver and Manager of Assets of First Defendant) R McEwen (Second and Third Defendants)