NSW Caselaw
232 FLR 254 Reported Decision : 73 ACSR 49 74 NSWLR 602 [2009] ALMD 5395
New South Wales Supreme Court
CITATION : In the Matter of Wings-Aus Holdings Pty Limited trading as Hooters Restaurants Australia & New Zealand (in Liquidation) [2009] NSWSC 667
HEARING DATE(S) : 13 July 2009
JUDGMENT DATE : 16 July 2009
JURISDICTION : Equity - Corporations List
JUDGMENT OF : Bergin CJ in Eq
DECISION : Administrator entitled to payment of debts and remuneration out of the assets of the Company held by him
CATCHWORDS : ADMINISTRATORS - Whether administrator entitled to satisfy lien out of assets of the Company prior to accounting to liquidator for debts incurred during administration and remuneration for work done during administration
LEGISLATION CITED : Corporations Act 2001
Coad v Wellness Pursuit Pty Ltd (in liq) (2009) 71 ACSR 250 Corporate Affairs Commission of NSW v Transphere Pty Limited (1988) 15 NSWLR 596 Re Joseph Phillips Ltd [1964] 1 All ER 441 CASES CITED : Shirlaw v Taylor (1991) 31 FCR 222 Territory Insurance Office v Kerin (1986) 84 FLR 1 Vince v Hurley Transport Pty Limited, unreported, Supreme Court of Victoria, 18 December 2008, Master Efthim Weston & Anor v Carling Constructions Pty Ltd (in prov liq) & Anor (2000) 175 ALR 202
Robert Michael Brennan (Applicant) PARTIES : Wings-Aus Holdings Pty Ltd trading as Hooters Restaurants Australia & New Zealand (In Liquidation) (First Respondent) Murray Roderick Godfrey (Second Respondent) National Australia Bank Limited (Third Respondent)
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