NSW Caselaw
New South Wales Supreme Court
CITATION : Re Bettertiles Projects Pty Ltd [2005] NSWSC 717
HEARING DATE(S) : 06/06/05
JUDGMENT DATE : 21 July 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Young CJ in Eq
DECISION : Application dismissed with costs.
CATCHWORDS : CORPORATIONS [278]- Winding up- Removal of liquidator- Animosity between petitioning creditor and directors- Liquidator alleged to be too closely aligned with interests of petitioning creditor- Factors involved- Directors not co-operating- No other interests involved- Difficult to remove liquidator where well acquainted with business and liquidation almost complete.
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 473. 530, 596
Advance Housing Pty Ltd v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230 BL & GY International Co Ltd v Hypec Electronics Pty Ltd [2004] NSWSC 1119 CASES CITED : City & Suburban Pty Ltd v Smith (1998) 28 ACSR 328 Re Allebart Pty Ltd & The Companies Act [1971] 1 NSWLR 24 Re Biposo Pty Ltd (1995) 13 ACLC 1271
Bettertiles Pty Ltd (Applicant) PARTIES : Bettertiles Projects Pty Ltd (1st Respondent) Andrew Hugh Jenner Wily (2nd Respondent/Liquidator)
FILE NUMBER(S) : SC 3440/02
R N Gye (Applicant) COUNSEL : J K Chippindall (2nd Respondent/Liquidator)
Mavrakis & Associates (Applicant) SOLICITORS : M D Nikolaidis & Co (2nd Respondent/Liquidator)
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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