Little v Edwards Concreting Pty Ltd [2010] NSWSC 185

New South Wales Supreme Court

CITATION : Little v Edwards Concreting Pty Ltd [2010] NSWSC 185

HEARING DATE(S) : 3 March 2010

JUDGMENT DATE : 3 March 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 3 March 2010

1. Order that James Alexander Shaw of Level 3, 2 Market Street Newcastle be appointed liquidator of the defendant, Edwards Concreting Pty Limited ACN 104 650 535 (the company). DECISION : 2. Give leave to the plaintiff in proceedings 291424 of 2009, to Mr Leigh Robert Edwards and Mr Douglas Robert Edwards to inspect and copy the affidavits of Scott Anthony Newton sworn 25 February 2010, and James Alexander Shaw, sworn 25 February 2010 and 3 March 2010, and the exhibits to those affidavits. 3. Give leave to those persons to inspect and copy a letter from the NSW Office of Fair Trading to Mr Douglas Robert Edwards dated 22 August 2008 which has been marked MFI 1, and to use those documents or information contained in them in any way in connection with the winding-up of the company, or in connection with the proceedings between the plaintiffs and the company in the Consumer, Trader and Tenancy Tribunal. I direct that those documents, including the exhibits to Messrs Newton and Shaw's affidavits remain with the file.

CATCHWORDS : CORPORATIONS – materials provided by liquidators provide sufficient explanation of conduct of winding up of company – not necessary for court to hold inquiry and examine liquidators in relation to winding up under Corporations Act, s 536 –effectiveness of resignations of liquidators – appointment of liquidator by court under s 502

LEGISLATION CITED : Corporations Act 2001 (Cth)