In the matter of Australian Company Number 074 962 628 Pty Limited (in liq) (formerly Colonial Staff Super Pty Limited) [2017] NSWSC 370

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Company Number 074 962 628 Pty Limited (in liq) (formerly Colonial Staff Super Pty Limited) [2017] NSWSC 370 Hearing dates: 15 March 2017 Decision date: 10 April 2017 Before: Gleeson JA Decision: (1) That the remuneration of the first plaintiff, as liquidator of Australian Company Number 074 962 628 Pty Limited (in liq) (formerly Colonial Staff Super Pty Limited) (the Company), is determined to be $19,404 (inclusive of GST). (2) That the plaintiffs' costs and disbursements of these proceedings be fixed in the sum of $4,378 (inclusive of GST). (3) That the first plaintiff, as liquidator of the Company, would be justified in distributing the amount of $33,798.35 (and any interest thereon) in the following manner: (a) first, as to $4,378, in payment of the liquidator's costs and disbursements of these proceedings (in conformity with order 2 above); (b) second, as to $14,586, in payment of the liquidator's expenses of the administration; and (c) third, as to the balance, in payment to the extent available of the liquidator's remuneration. Catchwords: CORPORATIONS – external administration – where company under member's voluntary winding up at time of deregistration – where company subsequently reinstated by court order in form in which it was deregistered – power of court to fix liquidator's remuneration in members' voluntary liquidation – whether liquidator's costs and disbursements reasonable. Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Company Law Review Act 1998 (Cth) Corporations Law as part of the Corporations Act 1989 (Cth), ss 491, 509, 601AC Corporations (New South Wales) Act 1990, s 7 Corporations Act 2001 (Cth) ss 473(3), 473(3)(b)(ii), 473(5), 473(10), 491, 495(1), 504, 504(2), 511, 511(1), 601AH(2), 601AH(5), 1371, 1399 Cases Cited: Alphena Pty Ltd (in liq) v PS Securities Pty Ltd atf Joseph Family Trust (2013) 94 ACSR 160; [2013] NSWSC 447 Australian Competition & Consumer Commission v Australian Securities and Investments Commission (2000) 34 ACSR 232; [2000] NSWSC 316 Commonwealth Bank Officers Superannuation Corporation Pty Ltd v Beck [2016] NSWCA 218 Conlan (as liquidator of Rowena Nominees Pty Ltd) v Adams (2008) 65 ACSR 521; [2008] WASCA 61 In the Matter of MINMXT Holdings Pty Ltd (in liq) [2017] NSWSC 156 Re AAA Financial Intelligence Limited (in liq) [2014] NSWSC 1004 Re Brighton Motors Pty Ltd (in Liquidation) [1932] VLR 241 Re MF Global Australia Limited (in liq) (No 2) [2012] NSWSC 1426 Re Walker & Anor (as liqs of ONE.TEL Ltd (in liq) (2005) 221 ALR 320; [2005] NSWSC 557 Sanderson, as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38 Stone v ACN 000 337 940 Pty Ltd [2008] NSWSC 1058 Templeton v Australian Securities and Investments Commission (2015) 108 ACSR 545; (2015) FCAFC 137 Venetian Nominees Pty Ltd & Anor v Conlon (1999) 17 ACLC 301 Category: Principal judgment Parties: Mr David Mansfield (as liquidator of the Second Plaintiff) (First Plaintiff) ACN 074 962 628 Pty Limited (in Liq) (previously known as Colonial Staff Super Pty Limited) (Second Plaintiff) Representation: Counsel: Mr D Krochmalik (Plaintiffs)