Application of Weston [2011] NSWCA 250

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Application of Weston [2011] NSWCA 250 Hearing dates: 22 June 2011 Decision date: 12 September 2011 Before: Giles JA at [1], McColl JA at [61], Basten JA at [62] Decision: Applications for leave to appeal dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CORPORATIONS - Winding up - validity and validation of resolution purporting to fix remuneration of liquidator - effect of resolution - rulings as to work within liquidator's functions - leave to appeal refused. Legislation Cited: Corporations Act 2001 (C'th) Corporations Amendment (Insolvency) Act 2007 Cases Cited: Australian Securities and Investments Commission v Piggott Wood & Baker [2006] FCA 1774; Mirror Group Newspapers Plc v Maxwell (No 2) (1998) 1 BCLC 638; Re Vanfox Pty Ltd [1995] 2 Qd R 445; (1994) 13 ACSR 209. Category: Principal judgment Parties: Paul Gerard Weston (Special Purpose Liquidator of One.Tel Limited (In Liq)) - Applicant Representation: N Cotman SC & R Glasson - Applicant D L Cook - Australian Securities and Investments Commission (Amicus curiae) O'Neill Partners - Applicant File Number(s): CA 2003/86446 Decision under appeal Citation: Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 401, [2010] NSWSC 1120, [2011] NSWSC 59 Before: Barrett J File Number(s): 2003/00086446