NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Onefone Australia Pty Limited & Ors v One.Tel Limited (in liquidation) & Ors [2012] NSWSC 404 Hearing dates: 23 April 2012 Decision date: 27 April 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Liquidator's remuneration referred to registrar for assessment and report to the Court - Orders for the payment of interim remuneration to be made contingent on an undertaking given by the special purpose liquidator to the Court. Catchwords: CORPORATIONS - Winding up - Application by special purpose liquidator for claim to remuneration to be referred to registrar for assessment and quantification - Application for interim payment pending determination. Legislation Cited: - Corporations Act 2011 (Cth) ss 511, 499(3) Cases Cited: - City & Suburban Pty Ltd v Smith (1998) 28 ACSR 328 at 339 - Georges (liquidator) Re Sonray Capital Markets Pty Ltd (in liq) [2010] FCA 1371 - Onefone Australia Pty Ltd v One.Tel Ltd [2008] NSWSC 1335 - Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 822 - Onefone Australia Pty Ltd v One.Tel Ltd [2010] NSWSC 1120; (2010) 80 ACSR 11 - Onefone Australia Pty Ltd v One.Tel Ltd (Unreported, Supreme Court of New South Wales, 22 February 2011, Barrett J) - Re One.Tel Ltd (in liq) (Unreported, Supreme Court of New South Wales, 14 March 2011, Ward J) - Re Walker & Anor (as liquidators of One.Tel Ltd) [2005] NSWSC 557; (2005) 221 ALR 320; 189 FLR 467 Category: Interlocutory applications Parties: Onefone Australia Pty Limited (First Plaintiff) DCA Resources Australia Pty Limited (Second Plaintiff) Pacific Finance Group Pty Limited (Third Plaintiff) Concept Systems (Australia) Pty Limited (Fourth Plaintiff) One.Tel Limited (in liquidation) (First Defendant) Steven Sherman (Second Defendant) Peter Walker (Third Defendant) Representation: Counsel: R. Glasson (Special Purpose Liquidator) Solicitor: O'Neill Partners (Special Purpose Liquidator) File Number(s): 03/86446
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