NSW Caselaw
Reported Decision : 55 ACSR 558
New South Wales Supreme Court
CITATION : One.Tel in the matter of application by Liquidators [2005] NSWSC 1104
HEARING DATE(S) : 26 September 2005
JUDGMENT DATE : 2 November 2005
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Direct the liquidators provide to the Committee of Inspection by 21 November 2005 details identifying items of work done, persons doing such work, time taken for such items of work and rates claimed for such time in respect of each of the periods for which a remuneration claim is made. Stand over to 29 November 2005 at 0930 for further directions and final orders.
CATCHWORDS : CORPORATIONS - winding up - creditors' voluntary winding up - fixing remuneration of liquidators - where committee of inspection does not pass resolution fixing remuneration - whether liquidator entitled to direction under Corporations Act 2001 (Cth), s511 - by whom should remuneration be determined
LEGISLATION CITED : Corporations Act 2001 (Cth), s499(3), s511(1)
Re ACN 004 323 184 Pty Ltd previously (Sheldon's Linen Service Pty Ltd (In Liquidation)) ( unreported Dodds-Stretton J Supreme Court of Victoria 29 August 2002) Re Solfire Pty Ltd (In liq) (No 2) [1998] 2 Qd R 92 CASES CITED : Re Stockford Limited (2004) 52 ACSR 279 Venetian Nominees Pty Ltd v Conlan (1998) 20 WAR 96 Walker & Anor as Liquidators of One.Tel Ltd [2005] NSWSC 557
PARTIES : Peter Murray Walker and Steven John Sherman in their capacities as Liquidators of One.Tel Limited (In Liquidation) (Plaintiffs)
FILE NUMBER(S) : SC 4866 of 2005
Mr B A Coles QC with him Ms V E Whittaker (Plaintiffs) COUNSEL : Mr D J Fagan SC with him Mr H Stowe (for Members of Committee of Inspection)
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