Re Wanari; application of Nemeth [2006] NSWSC 404

New South Wales Supreme Court

CITATION : Re Wanari; application of Nemeth [2006] NSWSC 404

HEARING DATE(S) : 8 May 2006

JUDGMENT DATE : 10 May 2006

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Liquidator appointed, and leave granted.

CATCHWORDS : CORPORATIONS - winding up - application to appoint liquidator and grant him leave to appoint himself administrator - purpose of administration is to consider a proposal under which the winding up would be terminated or permanently stayed - whether liquidator should be appointed - whether leave should be granted to permit liquidator to appoint himself administrator, to consider the proposal

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 436B, 445C, 473(7) Supreme Court (Corporations) Rules 1999, rule 7.2

CASES CITED : Mercy & Sons Pty Ltd v Wanari Pty Ltd (subject to deed of company arrangement) (in liq) (2000) 35 ACSR 70

PARTIES : Katherine Eva Nemeth (P)

FILE NUMBER(S) : SC 2006/06

COUNSEL : Mr M J Stevens (P)

SOLICITORS : Abbott Tout (P)

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

AUSTIN J

WEDNESDAY 10 MAY 2006

2006/06 IN THE MATTER OF WANARI PTY LTD PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)(IN LIQ); APPLICATION OF KATHERINE EVA NEMETH

JUDGMENT

1 HIS HONOUR: This is an application, by originating process, for the following relief in respect of the company, Wanari Pty Ltd (in liq): "1. There being no liquidator presently acting, Riad Tayeh be appointed official liquidator of the company. 2. That the said Riad Tayeh as liquidator be granted leave pursuant to s 436B(2) of the Corporations Act to appoint himself as administrator of the company. 3. Declaration that the Deed of Company Arrangement dated 26 April 2000 terminated on 2 August 2000 as a consequence of orders made by this Court."