In the matter of Sutton-Ford Pty Limited (in liquidation) [2015] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sutton-Ford Pty Limited (in liquidation) [2015] NSWSC 1552 Hearing dates: 24 August 2015 Decision date: 24 August 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders in accordance with short minutes of order. Note the resignation of Mr Dean-Wilcocks. Order the appointment of Mr Mansfield as liquidator of the Company upon resignation of Mr Wilcocks. Catchwords: CORPORATIONS – appointment of liquidator – where current liquidator had potential conflict of interest or appearance of bias – where current liquidator resigned – whether to appoint new liquidator. Legislation Cited: - Corporations Act 2001 (Cth) ss 473(7), 502, 503 - Supreme Court (Corporations) Rules 1999 (NSW) r 7.2 Cases Cited: - Australian Securities and Investments Commission v Franklin; Re Walton Constructions Pty Ltd [2014] FCAFC 85; (2014) 101 ACSR 87 - Haulotte Australia Pty Ltd v All Area Rentals Pty Ltd [2012] FCA 615; (2012) 90 ACSR 177 - Re Free [2010] NSWSC 1079; Re Thomas [2013] NSWSC 2016 - Re McGrath [2005] NSWSC 506; (2005) 54 ACSR 55 - Re Wily [2003] NSWSC 1260; (2003) 49 ACSR 94 Category: Principal judgment Parties: William Thomas Sutton (First Plaintiff) Marie Elizabeth Sutton (Second Plaintiff) Sutton-Ford Pty Limited (in liquidation) Ronald John Dean-Wilcocks (Second Defendant) Representation: Counsel: C G Wood (instructed by Shine Lawyers) P Parker (solicitor) (Defendants)