NSW Caselaw
New South Wales Supreme Court
CITATION : Ausino International v Apex Sports [2006] NSWSC 1119
HEARING DATE(S) : 17 & 23 October 2006
JUDGMENT DATE : 23 October 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 10/23/2006
DECISION : Application refused
CATCHWORDS : CORPORATIONS – voluntary administration – application to remove administrators on ground of apprehended bias – application brought after a judge has accepted an undertaking from the present administrators to call a meeting of creditors – application aimed to have different administrators chair the meeting – interaction between plaintiff succeeding in the present application, and proper conduct of the principal proceedings – balance of convenience
LEGISLATION CITED : Corporations Act
Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 986 CASES CITED : Re Jay-O-Bees Pty Limited (2004) 50 ACSR 565 Nominal Defendant v Manning (2000) 50 NSWLR 139
Ausino International Pty Ltd - Plaintiff/Applicant PARTIES : Apex Sports Pty Ltd (Subject to a Deed of Company Arrangement) - First Defendant/Respondent Ronald John Dean-Willcocks - Second Defendant/Respondent Adam Shepard - Third Defendant/Respondent
FILE NUMBER(S) : SC 3883/05
COUNSEL : A G Bell SC; N Kabilafkas - Plaintiff CRC Newlinds SC; VE Whittaker - First, Second & Third Defendants
SOLICITORS : Henry Davis York - Plaintiff Abbott Tout Lawyers - First, Second & Third Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST
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