NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Grace v Grace (No 5) [2013] NSWSC 601 Hearing dates: Tuesday 23 April 2013 Decision date: 24 April 2013 Jurisdiction: Equity Division Before: Brereton J Decision: Termination of provisional liquidator and orders for inspection of liquidator's records Catchwords: CORPORATIONS - External administration - provisional liquidator - application to inspect books kept under s 531 Corporations Act - where statutory right to inspect books - whether request can be refused on grounds of oppression
CORPORATIONS - External administration - provisional liquidator - Application to terminate appointment of provisional liquidator - where no winding up order was made - where no winding up order will or can be made in substantive proceedings - whether
CORPORATIONS - External administration - provisional liquidator - application for judicial advice by provisional liquidator - whether provisional liquidator would be justified in entering into loan transactions and giving security over assets of the companies in order to pay fees and remuneration Legislation Cited: (Cth) Corporations Act 2001, s 233 s 477(2B), s 531 (Cth) Corporations Regulations 2001, Reg 5.6.01, 5.6.02 Cases Cited: Garden Mews-St Leonards Pty Ltd v Butler-Pollnow Pty Ltd (No 4) (1984) 2 ACLC 682 Grace v Grace [2007] NSWSC 6 Grace v Grace (No 4) [2013] NSWSC 385 Re United Medical Protection [2003] NSWSC 1031 Category: Interlocutory applications Parties: David Alexander Grace (plaintiff) Deborah Sharon Grace (first defendant) Julienne Grace (second defendant) Nevilda Holdings Pty Ltd (prov liq'r appted) (third defendant) Nevilda Investments Pty Ltd (prov liq'r appted) (fourth defendant) Dutchie Pty Ltd (sixth defendant) Phoenix Rising Investments Pty Ltd (seventh defendant) Representation: Counsel: Mr DL Williams SC w Mr SA Goodman (plaintiff) Mr AR Moses SC w Mr DCP Stewart (first, second & seventh defendants) Mr N Cotman SC (prov liq'r) Solicitors: James Tuite & Associates (plaintiff) Clinch Long Letherbarrow Pty Ltd (first, second & seventh defendants) Breene & Breene (prov liq'r) File Number(s): 2006/ 259566
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