In the matter of Sirrah Pty Ltd [2021] NSWSC 1636

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sirrah Pty Ltd [2021] NSWSC 1636 Hearing dates: 8 December 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Liquidator's remuneration approved. Special leave to make interim distribution granted. Stay refused. Catchwords: CORPORATIONS – liquidator's remuneration – liquidator's conduct said to have caused appeal proceedings – special leave for interim distribution – surplus likely after paying creditors – stay of orders. Legislation Cited: Corporations Act 2001 (Cth), s 488; sch 2 Insolvency Practice Schedule (Corporations), ss 60-12, 60-16 Cases Cited: CGU Workers Compensation (NSW) Ltd v Ascom Service Automation (Australia) Pty Ltd [2005] NSWSC 747 Harris v Harris [2021] NSWCA 329 In the matter of Aberdeen All Farm Pty Ltd (in liq) [2020] NSWSC 770 In the matter of Beverage Freight Services Pty Ltd [2020] NSWSC 1265 In the matter of D & D Corak Investments Pty Ltd (in liq) [2020] NSWSC 1197 In the matter of DS Millard & Son Pty Ltd (1997) 24 ACSR 71 In the matter of Dungowan Manly Pty Ltd [2016] NSWSC 1346 In the matter of JSMOT Pty Ltd [2020] NSWSC 549 In the matter of Karim Pty Ltd (in liq) [2020] NSWSC 1678 In the matter of Klaus Maertin Pty Ltd (in liq) [2009] NSWSC 618; (2009) 232 FLR 239 In the matter of Octaviar Administration Pty Ltd (in liq) [2020] NSWSC 927 In the matter of Plutus Payroll Australia Pty Ltd (in liq) [2018] NSWSC 1092 In the matter of Primespace Property Investment Ltd (in liq) [2016] NSWSC 1821 In the matter of Sakr Nominees Pty Ltd [2017] NSWSC 668 In the matter of Sirrah Pty Limited (in liq) (No 2) [2021] NSWSC 1326 In the matter of Sirrah Pty Ltd [2018] NSWSC 1802 In the matter of Sirrah Pty Ltd (in liq) [2021] NSWSC 1274 In the matter of Sirrah Pty Ltd (in prov liq) [2021] NSWSC 413 Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr (2017) 93 NSWLR 459; [2017] NSWCA 38 Category: Procedural rulings Parties: Alan John Hayes in his capacity as liquidator of Sirrah Pty Ltd (in liq) (Applicant) Gregory Thomas Harris (First Plaintiff) Monica Mary Brown (Second Plaintiff) Sirrah Pty Ltd (in liq) (First Defendant) William Francis Harris (Second Defendant) Michelle Joy Harris (Third Defendant) Harris Health Care Pty Ltd (Fourth Defendant) Representation: Counsel: