In the matter of Gavin Frederick Critchon Thomas and others and the Corporations Act 2001 [2013] NSWSC 2016

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gavin Frederick Critchon Thomas and others and the Corporations Act 2001 [2013] NSWSC 2016 Hearing dates: 20 December 2013 Decision date: 20 December 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order for appointment of a liquidator upon resignation of previous liquidator. Order for remaining jointly appointed liquidator and receiver of relevant entities to continue as sole liquidator or receiver. Notice of application to be provided to the Australian Securities and Investments Commission. Extension of time for lodgement of liquidator's accounts and statements in respect of relevant companies previously administered by jointly appointed liquidators. Catchwords: CORPORATIONS - winding up - liquidators - orders sought for appointment of liquidators and receivers upon the resignation of an appointed liquidator and receiver - whether Court has jurisdiction to make an order to fill the vacancies arising upon the resignation of a liquidator or receiver - whether where two or more persons appointed as liquidator, the functions or powers of the liquidators may be exercised by one alone - whether the period of lodgement of the liquidator's accounts and statements should be extended. Legislation Cited: - Corporations Act 2001 (Cth) ss 473, 473(1), 473(7), 479(3), 502, 530, 539, 1322, 1322(4)(d) - Supreme Court (Corporations) Rules 1999 (NSW) r 7.1 - Corporations Amendment (Insolvency) Act 2007 (Cth) Cases Cited: - Condon v Watson [2009] FCA 11; (2009) 174 FCR 314; (2009) 69 ACSR 350 - Re Free [2010] NSWSC 1079 - Re McGrath [2005] NSWSC 506; (2005) 54 ACSR 55 - Re Vouris [2004] NSWSC 384; (2004) 49 ACSR 543 - Re Wily [2003] NSWSC 1260; (2003) 49 ACSR 94 Category: Interlocutory applications Parties: Gavin Frederick Critchon Thomas (First Plaintiff) David Michael Morgan (Second Plaintiff) Mark Damien Roufeil (Third Plaintiff) Representation: Counsel: S Brown (Solicitor - Plaintiffs) Solicitors: Etienne Lawyers (Plaintiffs) File Number(s): 2013/366530