In the matter of Purcom No 34 Admin Pty Ltd (Receiver and Manager Appointed) [2012] NSWSC 543

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Purcom No 34 Admin Pty Ltd (Receiver and Manager Appointed) [2012] NSWSC 543 Hearing dates: 3 May 2012 Decision date: 03 May 2012 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Order for the removal of the applicant as receiver of Purcom No. 34 Admin Pty Ltd (Receiver and Manager Appointed) and the appointment of a new receiver. Order for the appointment of a new external administrator in number of other external administrations. Catchwords: CORPORATIONS - Australian Securities and Investments Commission Act 2001(Cth) ss 502 and 503 - Where liquidator is to be removed or has resigned his appointment in a number of external administrations after disciplinary proceedings - appointment of new liquidator being a principal of the firm where the first liquidator works - comprehensive undertakings having been given by the first liquidator to ASIC under s 93AA of the Australian Securities and Investments Commission Act 2001(Cth) - appointments made Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Supreme Court Act 1970 (NSW) Cases Cited: Dean-Willcocks v Militto's Transport Pty Ltd (in liq) (2006) 61 ACSR 356 Category: Principal judgment Parties: Peter Ngan - Plaintiff Purcom No. 34 Admin Pty Ltd (Receiver and Manager Appointed) -First Defendant Australian Group Investments Pty Ltd - Second Defendant Banksia Building Services Pty Ltd - Third Defendant Bridal Village Australia Pty Ltd - Fourth Defendant Citi Constructions Pty Ltd - Fifth Defendant Concept 2001 Pty Ltd - Sixth Defendant Frassetto Design Pty Limited - Seventh Defendant Frontier Civil (Aust) Pty Ltd - Eighth DefendantGamis Pty Ltd - Ninth DefendantGocube Pty Ltd - Tenth DefendantInterbuild Resources Pty Ltd - Eleventh DefendantJJR Grech Pty Ltd - Twelfth Defendant Magnate Projects Pty Ltd - Thirteenth Defendant On-The-Spot Glazing Supplies Pty Ltd - Fourteenth Defendant Pelle Investments Pty Ltd - Fifteenth Defendant Salex Interiors Pty Ltd - Sixteenth Defendant Securit-E Holdings (MNC) Pty Ltd - Seventeenth Defendant Skatea Pty Ltd - Eighteenth Defendant Surfers Paradise Spa and Bath House Pty Ltd - Nineteenth Defendant Sydney Carwash Pty Ltd - Twentieth Defendant Undersky Pty Ltd - Twenty-First Defendant Representation: Counsel: M. Quintiliani - Plaintiff P.T. Russell - Australian Securities and Investments Commission Solicitors: Kells The Lawyers - Plaintiff File Number(s): 2012/65462