In the matter of Nielsen & Moller Autoglass (NSW) Pty Limited (in liquidation); Maggie Yeung Lo -v- Nielsen & Moller Autoglass (NSW) Pty Limited (in liq) [2008] NSWSC 1068

New South Wales Supreme Court

CITATION : In the matter of Nielsen & Moller Autoglass (NSW) Pty Limited (in liquidation); Maggie Yeung Lo -v- Nielsen & Moller Autoglass (NSW) Pty Limited (in liq) [2008] NSWSC 1068

HEARING DATE(S) : 15 December 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 15 December 2008

DECISION : Liquidator removed, and further liquidators (previously special purpose liquidators) appointed. Liquidators to furnish copy of reasons to known creditors.

CATCHWORDS : CORPORATIONS - Winding up - Corporations Act 2001 (Cth) s 503 - liquidators - application for removal of liquidator where special purpose liquidators are appointed in addition to liquidator to conduct certain investigations - where liquidator unfunded by creditors and likely to remain so - where no available property to fund expenses - where creditor is prepared to fund investigation but not where liquidator conducts it - where liquidator supports his removal and the appointment of the special purpose liquidators in his place and where special purpose liquidators consent to that appointment

LEGISLATION CITED : Corporations Act 2001 (Cth)

Lo v Nielsen & Moller (Autoglass) (NSW) Pty Ltd [2008] NSWSC 407 CASES CITED : In the matter of Nielsen & Moller Autoglass (NSW) Pty Ltd (in liq); Geoffrey James Rankine & Anor v John Frederick Lord & Anor [2008] NSWSC 1197 Re Greight Pty Ltd (in liq) (2006) 56 ACSR 334

Maggie Yeung Lo - Plaintiff PARTIES : Nielsen & Moller Autoglass (NSW) Pty Limited (in liquidation) - First Defendant Christopher Thomas Wykes, in his capacity as the liquidator of Nielsen & Moller Autoglass (NSW) Pty Limited (in liquidation) - Second Defendant