Onefone Australia Pty Ltd & Ors v One.Tel Limited (In Liquidation) & Ors [2006] NSWSC 1447

New South Wales Supreme Court

CITATION : Onefone Australia Pty Ltd & Ors v One.Tel Limited (In Liquidation) & Ors [2006] NSWSC 1447

HEARING DATE(S) : 20/12/06

JUDGMENT DATE : 20 December 2006

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 12/20/2006

DECISION : See para 17 of judgment.

CATCHWORDS : CORPORATIONS - Winding-up - Special purpose liquidator appointed to investigate renounceable rights issue by company - How expenses incurred by special purpose liquidator for legal costs and disbursements should be paid.

CASES CITED : Burns Philp Investment Pty Ltd v Dickens (No. 2) (1993) 31 NSWLR 280

Onefone Australia Pty Ltd & Ors PARTIES : v One.Tel Limited (In Liquidation) & Ors

FILE NUMBER(S) : SC 5291/03

COUNSEL : Applicant: N Cotman SC SPL: R Glasson

SOLICITORS : Applicant: N/A SPL: N'OT Lawyers

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

WHITE J

Wednesday, 20 December 2006

5291/03 Onefone Australia Pty Ltd & Ors v One.Tel Limited (In Liquidation) & Ors JUDGMENT 1 HIS HONOUR: I am presently dealing with paragraph 4 of an amended interlocutory process filed today by the special purpose liquidator of One.Tel Ltd (In Liquidation). In that paragraph the special purpose liquidator, Mr Weston, seeks the following relief: " An order that Peter Walker and Steven Sherman in their capacity as the Liquidators of One.Tel pay to Paul Gerard Weston, in his capacity as Special Purpose Liquidator of One.Tel, from the assets of One.Tel, such amounts as Mr Weston certifies are legal costs and disbursements properly incurred and payable by him in performing the functions required to be performed by him as Special Purpose Liquidator in conformity with orders of the Court, within seven days of notification by the Special Purpose Liquidator to the said Peter Walker and Steven Sherman of such certification. "