In the matter of Paris Ricki Pty Limited [2015] NSWSC 2048

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Paris Ricki Pty Limited [2015] NSWSC 2048 Hearing dates: 20 April 2015 Date of orders: 20 April 2015 Decision date: 20 April 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Winding up terminated; liquidator to make payments ordered out of balance of moneys held in the liquidation. Catchwords: CORPORATIONS – winding up – liquidators – liquidator's remuneration – approval of liquidator's remuneration by court – requirement of meeting of creditors to approve remuneration to be convened before court approval can be given – doctrine of unanimous assent – where sole creditor has indicated approval of proposed remuneration in advance of meeting of creditors – held, resolution of creditors passed for the purposes of (Cth) Corporations Act 2001, s 473(3)(b)(i). Legislation Cited: (Cth) Corporations Act 2001, s 473(3), s 473(4) Cases Cited: Re Interchase Corporation Ltd (in prov liq) (1993) 11 ACSR 569 Category: Procedural and other rulings Parties: Malcolm Downie (applicant) Schreiber Hamilton Architecture Pty Ltd (first respondent/plaintiff) Brad William Morelli in his capacity as liquidator of Paris Ricki Pty Ltd (in liquidation) (second respondent) Paris Ricki Pty Ltd (in liquidation) ACN 089 935 099 (third respondent/defendant) Representation: Counsel: R D Marshall (applicant) A Kozary (second respondent)

Solicitors: Bowles Lawyers Pty Ltd (applicant) Keystone Lawyers (respondents) File Number(s): 2013/314415