NSW Caselaw
New South Wales Supreme Court
CITATION : OLDE AND ANOR RE PROPESTATE PTY LTD (IN LIQUIDATION [2009] NSWSC 859
HEARING DATE(S) : 14 August 2009
JUDGMENT DATE : 27 August 2009
JUDGMENT OF : Bryson AJ at 1
DECISION : 1 Orders 1 to 10 inclusive in the Originating Process. 2. Liberty to apply
CATCHWORDS : TRUSTS AND TRUSTEES - Liquidators and Trust Accounts of Company - Company held Real Estate Agents Licence and maintained Trust Accounts - Liquidators took control of Trust Accounts, identified persons entitled and paid over moneys to which there were identifiable entitlements - Liquidators applied for remuneration as Trustees out of remaining moneys for which there were no claimants - remuneration allowed - CORPORATIONS - Liquidation - Liquidators as Trustees of money in Company's Trust Account - remuneration allowed
LEGISLATION CITED : Property, Stock and Business Agents Act 2002
Re G B Nathan & Co Pty Limited (In Liq.) (1991) 24 NSWLR 674 Re Berkeley Applicate (Investment Consultant Centre) Ltd (In Liq.) [1988] 3 All ER 71 CASES CITED : Re Application of Sutherland [2004] NSWSC 796 Grossman v E Katz Manufacturing Jewellers (ACT) Pty Ltd and Ors (2004) NSWSC 1224 Shannon and Anor v JMA Accounting Pty Ltd (2005) QSC 240 Re Lord (as Liq of Maureen Michael Management Pty Ltd (in Liq) (2005) 55 ACSR 539
PARTIES : Olde and Anor Propestate Pty Ltd (in Liquidation)
FILE NUMBER(S) : SC 1366/09
Mr M Rosenblatt (Solicitor) - Plaintiffs COUNSEL : Mr AP Lo Surdo - Intervenor - Commissioner of Fair Trading Mr T Orlizki (Solicitor) - Intervenor - Creditor
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