In the matter of the Resignation of John Frederick Lord and the companies listed in the Schedules of the Originating Process [2011] NSWSC 917

Supreme Court New South Wales

Medium Neutral Citation: In the matter of the Resignation of John Frederick Lord and the companies listed in the Schedules of the Originating Process [2011] NSWSC 917 Hearing dates: 15 August 2011 Decision date: 15 August 2011 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Orders made in accordance with the document entitled Orders Catchwords: CORPORATIONS - liquidator intending to retire as insolvency practitioner and resign appointments - orders made to fill the vacancy and having the effect of extending or abridging the period for filing of reports under s 539(1) of the Corporations Act 2001 (Cth) to avoid duplication of reports Legislation Cited: Supreme Court (Corporations) Rules 1999 (NSW) Corporations Act 2001 (Cth) Cases Cited: Emerton Pty Limited v Referral Marketing Services Pty Ltd & ors [2009] NSWSC 738 Category: Principal judgment Parties: John Frederick Lord - First Plaintiff Atle Crowe-Maxwell - Second Plaintiff Representation: Counsel: S.M. Golledge - Plaintiff Solicitor: Macpherson & Kelley Lawyers File Number(s): 2011/239574

EX TEMPORE Judgment 1HIS HONOUR: Mr John Frederick Lord is a registered liquidator of long standing. He holds appointments as liquidator in Court ordered windings up, creditors' voluntary windings up and members' voluntary windings up. He is a partner of the accounting firm PKF. He is to resign as a partner on 31 October 2011 and intends to cease practising as an insolvency practitioner. He ceased accepting appointments as an external administrator on 30 April 2011. He intends to resign as liquidator of all companies in which he holds appointments. These are set out in the schedule to his affidavit in these proceedings sworn 11 August 2011. 2Mr Atle Crowe-Maxwell too is a registered liquidator. He has consented to fill the vacancies. In a number of cases Mr Crowe-Maxwell holds joint and several court appointments with Mr Lord. In those he will continue as sole liquidator. In the remainder he has consented to accept appointment. 3By Amended Originating Process filed today, orders are sought which will facilitate a changeover and which will take effect upon Mr Lord filing with the Registrar and lodging with ASIC memoranda of resignation in accordance with r 7.1 of the Supreme Court (Corporations) Rules 1999 (NSW). Through counsel, Mr Lord has undertaken to file those memoranda by 22 August 2011. 4Also sought are orders having the effect of extending or abridging the period for filing reports under s 539(1) of the Corporations Act 2001 (Cth) to avoid duplication of reports. This course was taken by Brereton J in Emerton Pty Limited v Referral Marketing Services Pty Ltd [2009] NSWSC 738. I intend to follow that course. 5I make orders in accordance with the document entitled Orders which I have initialled, dated today's date and placed with the papers. These orders are to be entered forthwith.