In the matter of Fynfan Pty Ltd (in liq) [2024] NSWSC 594

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fynfan Pty Ltd (in liq) [2024] NSWSC 594 Hearing dates: 13 May 2024 Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made as to distribution of surplus and liquidator's remuneration. Catchwords: CORPORATIONS — Winding up — Liquidators — Remuneration — Where liquidators seek orders relating to the distribution of a surplus in respect of the liquidation and as to their remuneration Legislation Cited: - Corporations Act 2001 (Cth) s 488 - Insolvency Practice Schedule (Corporations), Division 60 Subdiv B, s 60-12, s 90-15 Cases Cited: - Equititrust Ltd (in liq) (rec apptd) (recs and mgrs apptd) (No 4) [2017] FCA 1133 - Re DS Millard & Son Pty Ltd (1997) 24 ACSR 71 - Re FAI Car Owners Mutual Insurance Company Pty Ltd (2009) 76 ACSR 164 - Re Hawden Property Group Pty Ltd (in liq) (2018) 125 ACSR 355 - Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 - Re RCR Tomlinson Ltd (admins apptd) [2020] NSWSC 735 - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 Category: Procedural rulings Parties: Edward Francis Lazzaroni (Plaintiff) John Joseph Lazzaroni (First Defendant) Elizabeth Lazzaroni (Second Defendant) Paul William Gidley in his capacity as liquidator of Fynfan Pty Ltd (in liq) (Third Defendant/Applicant) Tiamarelle Pty Ltd (Fourth Defendant) Gone Green Australia Pty Ltd (Fifth Defendant) Gosford Stone & Terrazzo Pty Ltd (Sixth Defendant) Representation: Counsel: A Reid (Applicant)