In the matter of St Gregory's Armenian School (in liq) [2012] NSWSC 1215

Supreme Court New South Wales

Medium Neutral Citation: In the matter of St Gregory's Armenian School (in liq) [2012] NSWSC 1215 Hearing dates: 26,27,28 June & 5 July 2012 Decision date: 09 October 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Interlocutory process for removal of liquidator dismissed, with costs Catchwords: CORPORATIONS - external administration - removal of liquidator - grounds for removal of liquidator - whether "cause shown" - whether removal of liquidator would be for the better conduct of the liquidation or the best interests of the liquidation - mere loss of confidence is insufficient - whether liquidator is required to be a "model litigant" - need for particularised allegations - whether reasonable apprehension that the liquidator would not approach making decisions about the Plaintiffs' proofs objectively and impartially

CORPORATIONS - external administration - removal of liquidator - whether liquidator improperly failed to defend proceedings by first ranking mortgagee to recover property - where no tenable defence was available - where property was the only asset of value to satisfy debts - whether liquidator obstructed attempts to avert mortgagee sale

CORPORATIONS - external administration - removal of liquidator - where liquidator commenced proceedings for an account of the plaintiff's mortgage - where evidence as to quantum and basis of claimed debt was scanty

CORPORATIONS - external administration - Inquiry into liquidator's conduct - where liquidator took possession of plaintiff's chattels located on association property - where plaintiff was required to prove ownership of chattels - whether liquidator treated property of others as property of the association - whether liquidator entitled to insist on proof of ownership of chattels on association property - whether liquidator improperly sold property of the plaintiff