Glenwood Village Pty Ltd v Glen Alpine Constructions Pty ltd [2009] NSWSC 516

New South Wales Supreme Court

CITATION : Glenwood Village Pty Ltd v Glen Alpine Constructions Pty ltd [2009] NSWSC 516

HEARING DATE(S) : 6 May 2009 JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 6 May 2009

DECISION : Order that the defendant be wound up in insolvency - plaintiff's nominee appointed - plaintiff's costs to be paid out of assets of the defendant

CATCHWORDS : CORPORATIONS - External administration - winding up - where dispute as to appropriate appointee - plaintiff's nominee ordinarily appointed

CATEGORY : Principal judgment

CASES CITED : Barclay v Barclay (Supreme Court of New South Wales, Kearney J, 22 December 1978, unreported) Parkinson v Morkaya [2008] NSWSC 1183

PARTIES : Glenwood Village Pty Ltd (plaintiff) Glen Alpine constructions Pty Ltd (defendant)

FILE NUMBER(S) : SC 5769/08

JA Trebeck (plaintiff) COUNSEL : P Bard (sol) (defendant) DH Mitchell (for B&F Gartshore Pty Ltd)

SOLICITORS : Laycock Solicitors (plaintiff) Paul Bard (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

BRERETON J

Wednesday 6 May 2009

5769/08 Glenwood Village Pty Ltd v Glen Alpine Constructions Pty Ltd JUDGMENT (ex tempore)

1 HIS HONOUR: It is the practice of the Court that, all things being equal, it will appoint the plaintiff or applicant's nominee as receiver or liquidator where there is a contest as to the identity of the appropriate appointee and there is nothing to be said between the competing nominees as to their respective fitness, qualification or cost [Barclay v Barclay (Supreme Court of New South Wales, Kearney J, 22 December 1978, unreported); Parkinson v Morkaya [2008] NSWSC 1183].