In the matter of Kukulovski, Arnautovic & Crisp [2015] NSWSC 2040

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kukulovski, Arnautovic & Crisp [2015] NSWSC 2040 Hearing dates: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders for appointment of Second Plaintiff and Third Plaintiff as liquidator or administrator of companies. Catchwords: CORPORATIONS — Winding up — Replacement of liquidator – where orders sought to replace liquidator with a partner from the firm of the previous liquidator – whether Court has jurisdiction to make an order to fill the vacancies arising upon the resignation of a liquidator.

CORPORATIONS – Administration – Replacement of administrator – where orders sought to replace administrator with a partner from the firm of the previous administrator – whether Court has jurisdiction to make an order to fill vacancies arising upon the resignation of an administrator. Legislation Cited: - Corporations Act 2001 (Cth), ss 449D, 473, 502, 530, 532 - Supreme Court (Corporations) Rules 1999 (NSW), r 7.1 Cases Cited: - Condon v Watson [2009] FCA 11; (2009) 69 ACSR 350 - Re Free [2010] NSWSC 1079 - Re Nixon [2015] FCA 976 - Re Porter and Mansfield [2012] NSWSC 220 Category: Principal judgment Parties: Trajan John Kukulovski (First Plaintiff) Sule Arnautovic (Second Plaintiff) Glenn Crisp (Third Plaintiff) Representation: Counsel: P Hegarty (Solicitor – Plaintiffs)

Solicitors: Thomson Geer (Plaintiffs) File Number(s): 2015/371828