NSW Caselaw
New South Wales Supreme Court
CITATION : Workers Compensation Nominal Insurer v Denny Earthmoving & Bulk Haulage Pty Ltd [2008] NSWSC 1167
HEARING DATE(S) : 03/11/08
JUDGMENT DATE : 3 November 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 3 November 2008
DECISION : Proceedings adjourned for making of orders
CATCHWORDS : CORPORATIONS - winding up - choice of liquidator - where voluntary administrator in office - his firm in Canberra had previously been the company's accountants - liquidator nominated by plaintiff based in Sydney but company based in Canberra - the court will appoint a liquidator to be nominated by the plaintiff who is based in Canberra
LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.3A, s 440
CATEGORY : Principal judgment
CASES CITED : Advance Housing Pty Ltd v Newcastle Classic Development Pty Ltd (1994) 14 ACSR 230 Unifor Office Systems Australia Pty Ltd v Brewer Partnership Pty Ltd [1999] NSWSC 137
PARTIES : Workers Compensation Nominal Insurer - Plaintiff Denny Earthmoving & Bulk Haulage Pty Ltd - Defendant
FILE NUMBER(S) : SC 5012/08
Mr J Van Leer, Solicitor - Plaintiff COUNSEL : Mr E Oliveri, Solicitor - Defendant Mr J. Oliver, Solicitor - Administrator
Craddock Murray Neumann - Plaintiff SOLICITORS : Oliveri Lawyers - Defendant Meyer Vandenberg Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
BARRETT J
MONDAY 3 NOVEMBER 2008
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