NSW Caselaw
Reported Decision : (2003) 46 ACSR 729
New South Wales Supreme Court
CITATION : Apple Computer v Wily [2003] NSWSC 719 revised - 2/09/2003 HEARING DATE(S) : 14/07/03, 15/07/03, 16/07/03 JUDGMENT DATE : 12 August 2003
JURISDICTION: Equity Division Corporations List JUDGMENT OF : Barrett J DECISION : Applications for orders removing liquidator, directing inquiry into his conduct and setting aside examination summonses dismissed. Application for order restricting documents to be produced adjourned.
CATCHWORDS : CORPORATIONS - winding up - application for order removing liquidator or directing inquiry into his conduct - alleged partisanship of liquidator - alleged failure to cooperate with major creditor - alleged lack of independent decision making - whether examination summonses should be set aside or confined LEGISLATION CITED : Corporations Act 2001 (Cth), ss.473(1), 536 Supreme Court Rules, Pt 36 r 12 Re Adam Eyton Ltd; Ex parte Charlesworth (1887) 36 ChD 299 Re Biposo Pty Ltd (1995) 17 ACSR 730 CASES CITED : Domino Hire Pty Ltd v Pioneer Park Pty Ltd [2003] NSWSC 496 Re Excel Finance Corp Ltd; Application of England (1993) 10 ACSR 255 at 282 Macpherson v Sherman (in his capacity as Deed Administrator of Agriculture.com Pty Ltd) [2001] NSWSC 628 Apple Computer Australia Pty Ltd - Plaintiff PARTIES : Andrew Hugh Jenner Wily - First Defendant Buzzle Operations Pty Ltd (Receivers Appointed) (In Liquidation) - Second Defendant
FILE NUMBER(S) : SC 2698/02 COUNSEL : Mr C.R.C. Newlinds - Plaintiff Mr M.R. Aldridge SC - Defendants SOLICITORS : Clayton Utz - Plaintiff MBP Legal, McCrohon Bergseng Partners - Defendants
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