In the matter of Fluid Form Movement Pty Limited and other companies [2013] NSWSC 2007

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fluid Form Movement Pty Limited and other companies [2013] NSWSC 2007 Hearing dates: 17 December 2013 Decision date: 17 December 2013 Before: Brereton J Decision: Pursuant to Corporations Act s 473 Guy Anthony Baxendale be removed as liquidator of Fluid Form Movement Pty Ltd and Stephen Wesley Hathway and Thomas John Joachim Atkinson be appointed jointly as official liquidators. Pursuant to Corporations Act s 503 Guy Anthony Baxendale be removed as liquidator of Australia Total Logistics Pty Ltd, Golden Personnel Solutions Pty Ltd, GRC Corp Pty Ltd, KTDH Pty Ltd, Direct Rumtson Estate Pty Ltd, Stone & Design Company Pty Ltd and UCN Pty Ltd, and Stephen Wesley Hathway and Thomas John Joachim Atkinson be appointed jointly as liquidators of the said companies. Pursuant to Corporations Act s 503 Guy Anthony Baxendale be removed as liquidator of Strathfield Tax Pty Ltd and Wharf Restaurant @ Pier 2 Pty Ltd and Alan Hayes and Christian Sprowles be appointed jointly as liquidators of each of the said companies. Guy Anthony Baxendale be removed as deed administrator of Plaza West Pty Ltd and Stephen Wesley Hathway and Thomas John Joachim Atkinson be appointed jointly as deed administrators of the said company. Catchwords: CORPORATIONS - external administration - where insolvency practitioner is liquidator or deed administrator of numerous corporations - where practitioner is seriously ill and unable to attend to matters - removal and replacement of liquidator and deed administrator on application of practitioner Legislation Cited: (Cth) Corporations Act 2001 s 447A, s 449B, s 449D, s 473, s 503 Cases Cited: In the matter of Signature Pacific Pty Ltd [2010] NSWSC 1160 Re Free [2010] NSWSC 1079 Category: Principal judgment Parties: Guy Anthony Baxendale (first plaintiff) Stephen Wesley Hathway (second plaintiff) Thomas John Joachim Atkinson (third plaintiff) Alan Hayes (fourth plaintiff) Christian Sprowles (fifth plaintiff) Representation: Counsel: Mr D Price (plaintiffs) Solicitors: Jones King Lawyers (plaintiffs) File Number(s): 2013/381131