In the matter of Sutherland, Arnautovic and Civil [2016] NSWSC 754

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sutherland, Arnautovic and Civil [2016] NSWSC 754 Hearing dates: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiffs' application for replacement of official liquidator and voluntary liquidator granted. No order as to costs. Catchwords: CORPORATIONS – Appointment of liquidator – where person currently acting as official liquidator of certain entities and voluntary liquidator of other entities sought to retire – where applicants sought orders replacing current liquidator with persons from the same firm as that of current liquidator – where that firm was a creditor of some of the relevant entities in liquidation of amounts in excess of $5,000 – where replacement of official liquidator sought in respect of an association incorporated under the Associations Incorporation Act 1984 (NSW) – whether court should appoint replacement liquidators from same firm as that of current liquidator where that would result in costs savings – whether leave should be granted under s 532(2) of the Corporations Act 2000 (Cth) – whether the Court has jurisdiction to appoint a replacement liquidator of an association incorporated under the Associations Incorporation Act 1984 (NSW). Legislation Cited: - Associations Incorporation Act 1984 (NSW), s 51 - Associations Incorporation Act 2009 (NSW), s 63 - Corporations Act 2001 (Cth), ss 473, 502, 532, 583, Ch 5, Pt 5.7 - Corporations (Ancillary Provisions) Act 2001 (NSW), s 14 - Supreme Court Act 1970 (NSW), s 23 Cases Cited: - Bankstown Community Child Care Incorporated [2008] NSWSC 173 - QBE Workers Compensation (NSW) Ltd v Wandiyali ATSI Inc (in liq) [2004] NSWSC 1022; (2004) 51 ACSR 330 - Re Free [2010] NSWSC 1079 - Re Kukluovski [2015] NSWSC 2040 - Re Porter and Mansfield [2012] NSWSC 220 Category: Principal judgment Parties: Roderick Mackay Sutherland (First Plaintiff) Sule Arnautovic (Second Plaintiff) Daniel Jean Civil (Third Plaintiff) Representation: Counsel: J K Taylor (Plaintiffs)