NSW Caselaw
New South Wales Supreme Court
CITATION : Re Electronic Surplus Warehouse Pty Ltd [2010] NSWSC 827
HEARING DATE(S) : 03/05/10
JUDGMENT DATE : 29 July 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
1. Order that Michael John Morris Smith, as liquidator of Electronic Surplus Warehouse Pty Ltd, receive such remuneration, in addition to the remuneration fixed by resolution of the committee of inspection on 14 February 2008, as is reasonable, taking into account the matters specified in s 504(2) of the Corporations Act 2001 (Cth); and that the amount of the remuneration of the said liquidator be reviewed accordingly. DECISION : 2. Pursuant to Item 7 of the delegation under s 13 of the Civil Procedure Act 2005 made on 9 April 2009, order that there is hereby referred to a registrar the matter of determining the amount of the additional remuneration, if any, receivable by the said liquidator pursuant to Order 1. 3. Order that the plaintiff's costs of these proceedings to date be paid out of the available assets of the company.
CATCHWORDS : CORPORATIONS - winding up - creditors voluntary winding up - liquidator's remuneration - where committee of inspection fixed an initial amount - additional work done - committee of inspection makes no further determination - whether court can determine further remuneration
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 499(3), 499(6), 504(1), 504(2), 511(1)(a), 549(3) Corporations Regulations 2001 (Cth), regs 5.6.13A, 5.6.28
CATEGORY : Principal judgment
CASES CITED : Re Walker [2005] NSWSC 557; (2005) 189 FLR 467
PARTIES : Michael John Morris Smith in his capacity as liquidator of Electronic Surplus Warehouse Pty Ltd - Plaintiff
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