In the matter of Rolcross Pty Limited (in liquidation) [2012] NSWSC 846

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Rolcross Pty Limited (in liquidation) [2012] NSWSC 846 Hearing dates: 16 July 2012 Decision date: 25 July 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Detailed directions made pursuant to s 479(3) of the Corporations Act 2001 (Cth) Catchwords: CORPORATIONS - Winding up - Application for directions by liquidator pursuant to Corporations Act 2001 (Cth) s 479(3) - Whether matter relates to implementation of a business or commercial decision - Whether a legal question is raised which is properly the subject of a direction - Whether a direction should be made to pay liquidator's remuneration, expenses and costs of proceedings. Legislation Cited: - Corporations Act 2001 (Cth) ss 473, 479(3), 530B - Land Tax Management Act 1956 (NSW) Cases Cited: - 13 Coromandel Place Pty Ltd v CL Custodians Pty Ltd (in liq) [1999] FCA 144; (1999) 30 ACSR 377; 17 ACLC 500 - Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 - Re Ansett Australia Ltd (admins apptd) and Korda [2002] FCA 90; (2002) 115 FCR 409; 40 ACSR 433 - Re Crest Realty Pty Ltd (in liq) and the Companies Act [1977] 1 NSWLR 664; (1977) 2 ACLR 502 - Re French Caledonia Travel Service :Pty Ltd (in liq) [2003] NSWSC 1008; (2003) 59 NSWLR 361; 48 ACSR 97 - Re GB Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674; 5 ACSR 673; 9 ACLC 1291 - Re Suco Gold Pty Ltd (in liq) (1983) 33 SASR 99; 7 ACLR 873; 1 ACLC 895 - Re Maureen Michael Management Pty Ltd [2005] NSWSC 1044; (2005) 55 ACSR 539; 24 ACLC 33 - Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115; (1986) 4 ACLC 114 Category: Principal judgment Parties: David Ian Mansfield in his capacity as liquidator of Rolcross Pty Ltd (in liquidation) (Plaintiff) Rolcross Pty Ltd (in liquidation) (Defendant) Representation: Counsel: A.G. Martin (Plaintiff) Solicitor: Champion Legal (Plaintiff) File Number(s): 12/194344