NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Catombal Investments Pty Limited [2015] NSWSC 1997 Hearing dates: 20 April 2015 Date of orders: 20 April 2015 Decision date: 20 April 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Leave granted for final distribution of surplus; remuneration of liquidator approved; liquidator released. Catchwords: CORPORATIONS – winding up – liquidators – application for leave to make final distribution of surplus – where surplus exists – where no further claims on company.
CORPORATIONS – winding up – liquidators – liquidator's remuneration – application for approval of proposed remuneration by the court – where all creditors have been paid and approval of creditors cannot first be obtained – where amount is reasonable. Legislation Cited: (CTH) Corporations Act 2001, s 473(3), s 480(d), s 488(2) (CTH) Corporations Regulations 2001, reg 5.6.71(1) (NSW) Supreme Court (Corporations) Rules 1999, r 7.5(5), r 7.5(6) (NSW) Trustee Act 1925, s 63 Cases Cited: In the matter of Angstrom Assets Pty Ltd (in liq) [2014] NSWSC 1779 In the matter of Catombal Investments Pty Limited [2014] NSWSC 313 Category: Procedural and other rulings Parties: Christopher Mel Chamberlain as liquidator of Catombal Investments Pty Ltd (in liquidation) (plaintiff) Brian Munro (interested party) Representation: Counsel: D R Sulan (plaintiff) J Harrowell (Brian Munro)
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