Glazier Holdings Pty Ltd (in Liq) v Australian Men's Health Pty Ltd (in Liq) & 4 Ors [2009] NSWSC 447

New South Wales Supreme Court

CITATION : Glazier Holdings Pty Ltd (in Liq) v Australian Men's Health Pty Ltd (in Liq) & 4 Ors [2009] NSWSC 447

HEARING DATE(S) : 21 May 2009 JURISDICTION : Equity

JUDGMENT OF : Debelle AJ

EX TEMPORE JUDGMENT DATE : 21 May 2009

DECISION : (1) The amount of $171,675.83 paid into court in this action, together with any interest accrued thereon, be paid to Nicholas Craig Malanos as liquidator of Australian Men's Health Pty Limited (in liquidation); (2) The oral application of Mr Bard on behalf of the second defendant is dismissed.

CATCHWORDS : CORPORATIONS – Winding up – Liquidators – Remuneration – Receiver of unit trust had paid moneys into court – Company in liquidation former trustee of unit trust – prior order that liquidator entitled to remuneration and expenses relating to administration of trust – Held that liquidator entitled to whole of the money paid into court – Application by second defendant for reimbursement of expenses incurred in providing an account dismissed

CATEGORY : Principal judgment

Glazier Holdings Pty Limited (in Liq) (Plaintiff) Australian Men's Health Pty Limited (in Liq) (First Defendant) PARTIES : Graham Meehan (Second Defendant) Anthony Murphy (Third Defendant) Arthur Kevin Brain (Fourth Defendant) Treykell Pty Limited (Fifth Defendant)

FILE NUMBER(S) : SC 4905/1997

COUNSEL : A Fernon (First Defendant) P Bard ( Second Defendant)

SOLICITORS : Toomey Pegg Drevikovsky Lawyers (First Defendant) Paul Bard Lawyers (Second Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION