NSW Caselaw
New South Wales Supreme Court
CITATION : Parkinson v Morkaya [2008] NSWSC 1183
HEARING DATE(S) : 20 October 2008 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 20 October 2008
DECISION : Mr Michael John Morris Smith be appointed liquidator of Ativa Pty Ltd in place of Mr Brian Patrick Dunphy
CATCHWORDS : CORPORATIONS – LIQUIDATORS – appointment of provisional liquidator – where original Court appointed provisional liquidator resigns as not qualified – where liquidator who resigned was a nominee of the plaintiff – whether defendant should be able to choose replacement liquidator – where nothing to distinguish between fitness of nominees other than greater vulnerability of defendant's nominee to allegation of bias – court appoints plaintiff's nominee
LEGISLATION CITED : Supreme Court (Corporation) Rules, r 6.1(1)
CATEGORY : Procedural and other rulings
CASES CITED : Barclay v Barclay (NSWSC (ED3888/78) Kearney J, 22 December 1978, unreported) Morkaya v Parkinson [2008] NSWSC 1050
2945/08 PARTIES : David Anthony Parkinson (plaintiff) Aydan Morkaya (first defendant) Ativa Pty Ltd (second defendant)
FILE NUMBER(S) : SC 2945/08
Ms J McIntosh (Ms Morkaya) COUNSEL : Mr A R Martin (sol) (Mr Parkinson) Mr Dunphy (Liquidator)
Sayan & Associates (Ms Morkaya) SOLICITORS : Martin Legal (Mr Parkinson) McCabe Terrill Lawyers Pty Ltd (Liquidator)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
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