In the matter of Bridgewater Investments Pty Limited and other Companies referred to in Schedules A and G to the Amended Originating Process [2013] NSWSC 426

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bridgewater Investments Pty Limited and other Companies referred to in Schedules A and G to the Amended Originating Process [2013] NSWSC 426 Hearing dates: 4 April 2013 Decision date: 04 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders granted under ss 473, 502 and 511 Corporations Act 2001 (Cth) in accordance with short minutes of order. Orders entered forthwith. Catchwords: CORPORATIONS - Winding up - Liquidators - Orders sought for appointment of liquidators upon the resignation of liquidators - Whether Court has jurisdiction to make an order to fill the vacancies that will arise upon the resignation of a liquidator - Whether Court has jurisdiction to appoint a liquidator to companies in creditors' voluntary winding up and in a members' voluntary winding up - Whether where two or more persons appointed as liquidator, the functions or powers of the liquidators may be exercised by one alone. Legislation Cited: - Corporations Act 2001 (Cth) ss 473, 502, 511, 511(1), 473(7), 495, 495(3), 499, 499(5), 530, 532(2) - Corporations Amendment (Insolvency) Act 2007 (Cth) - Supreme Court (Corporations) Rules 1999 (NSW) r 7.1 Cases Cited: - Awada v Linknarf Ltd (in liq) [2002] NSWSC 873; (2002) 55 NSWLR 745 - Condon v Watson [2009] FCA 11; (2009) 69 ACSR 350 - Re Application Vouris v Godfrey [2004] NSWSC 384; (2004) 49 ACSR 543 - Re Equiticorp Australia Ltd (in liq) [2011] NSWSC 1368 - Re Free [2010] NSWSC 1079 - Re McGrath [2005] NSWSC 506; (2005) 54 ACSR 55 - Re Porter v Mansfield [2012] NSWSC 220 - Re Sigelski [2012] NSWSC 449 - Re Wily [2003] NSWSC 1260; (2003) 49 ACSR 94 Category: Principal judgment Parties: John Vouris (First Plaintiff) Raymond George Tolcher (Second Plaintiff) Chad Robert Rapsey (Third Plaintiff) Mitchell Richmond Griffiths (Fourth Plaintiff) Representation: Counsel: D.R. Stack (Plaintiffs) Solicitors: ERA Legal (Plaintiffs) File Number(s): 2013/88091