Lollback v Brakepower Pty Ltd [2010] NSWSC 1457

New South Wales Supreme Court

CITATION : Lollback v Brakepower Pty Ltd [2010] NSWSC 1457

HEARING DATE(S) : 16/11/10, 17/11/10

JUDGMENT DATE : 17 December 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : 1 The plaintiff's interlocutory process dated 16 July 2010 is dismissed with costs. 2. The application in paragraph 5 of the plaintiff's amended originating process dated 16 July 2010 is dismissed with costs.

CATCHWORDS : CORPORATIONS - winding up by the court - liquidators - liquidator's remuneration determined by a registrar of the court - application by sole contributory for review of the registrar's decision - review sought only as to decision that there should be no order as to costs - approach to review of exercise of registrar's discretion - no basis for intervention shown - CORPORATIONS - liquidators - inquiry into liquidator's conduct - whether court should order - various complaints about liquidator's conduct - no basis to order inquiry shown

Civil Procedure Act, s 98(1)(a), (b). LEGISLATION CITED : Corporations Act 2001 (Cth), ss 468A(8), 471A(1A), 473(3), 473(6), 482, 536 Supreme Court Act 1970, s 121(3) Uniform Civil Procedure Rules 2005, rule 49.19

CATEGORY : Principal judgment

House v R (1936) 55 CLR 499 ; [1936] HCA 40 Kennards Hire Pty Ltd v RMGA Pty Ltd [2010] NSWSC 1387 Re SNL Group Pty Ltd [2010] NSWSC 797 CASES CITED : Sellers; in the matter of Beckley Forge Pty Ltd [2003] FCA 523 State Debt Recovery Office v L and G Contracting Service Pty Ltd [2009] NSWSC 1116 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Vero Workers Compensation (NSW) Ltd v Ferretti Pty Ltd [2006] NSWSC 292 ; (2006) 57 ACSR 103