Palmer re Harrison [2010] NSWSC 1400

New South Wales Supreme Court

CITATION : Palmer re Harrison [2010] NSWSC 1400

HEARING DATE(S) : 01/12/10

JUDGMENT DATE : 1 December 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 1 December 2010

Order that there be referred to Senior Deputy Registrar Musgrave each of the following matters: DECISION : (a) the hearing and determination of proceedings 2010/225405 and the fixing of the proper remuneration of the applicant liquidators therein by determining the question of the quantum thereof; and (b) the hearing and determination of proceedings 2010/225436 and the fixing of the proper remuneration of the applicant liquidators therein by determining the question of the quantum thereof.

CATCHWORDS : CORPORATIONS - creditors voluntary winding up - fixing of liquidator's remuneration - where meeting of creditors asked to fix remuneration but does not do so - court's power to determine proper quantification - PROCEDURE - powers of registrars - delegation to registrars - quantification of remuneration of office-holders - established practice and procedure indicate registrar should deal with such matters - need, in the particular circumstances, for special conferral of power on registrar - source of power to confer - order made

LEGISLATION CITED : Civil Procedure Act 2005, s 13 Corporations Act 2001 (Cth), ss 473(3), 499(3), 504, 511(1)(a), 511(1)(b), 511(2)

CATEGORY : Procedural and other rulings

CASES CITED : Re Walker as Liquidators of One.Tel Ltd [2005] NSWSC 557; (2005) 189 FLR 467

PARTIES : Christopher Palmer and Patrick Collis - Applicants Norman Leslie Harrison - Objector