In the matter of Golden Sands Hospitality Pty Ltd (in liq) [2017] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Golden Sands Hospitality Pty Ltd (in liq) [2017] NSWSC 410 Hearing dates: 10 April 2017 Decision date: 11 April 2017 Before: Gleeson JA Decision: 11 April 2017

(1) Pursuant to s 473A(1) of the Corporations Act 2001 (Cth), that the vacancy arising from the resignation of the plaintiff be filled by appointing Mark Robinson and David Webb of PPB Advisory as joint liquidators of the Defendant.

(2) Pursuant to s 473A(4) of the Corporations Act 2001 (Cth), declare that anything required or authorised by the Corporations Act 2001 (Cth) to be done by the liquidator of the Company may be done by one or more of the joint liquidators.

21 April 2017

(3) Pursuant to the slip rule in UCPR r 36.17, vary the orders made on 11 April 2017 as follows: (a) In order 1, delete the reference to "s 473A(1)" and insert "s 473(1)". (b) In order 2, delete the reference to "s 473A(4)" and insert "s 473(8)". Catchwords: CORPORATIONS – external administration – replacement of a court appointed liquidator – where liquidator applies for court order removing himself as liquidator and appoint new liquidators in his place – whether liquidator may resign - filling vacancy in the position of court appointed liquidator after the original liquidator has resigned – whether appropriate to appoint two liquidators – need for order under s 473A(4), Corporations Act 2001 (Cth)

PROCEDURE – judgments and orders – amending, varying and setting aside – where judgment made orders pursuant to ss 473A(1) and 473A(4), Corporations Act 2001 (Cth) – where the operation of those provisions has been deferred by the Corporations Regulations 2001 (Cth) to 1 September 2017 – where party claiming relief did not advert to the commencement date of new provisions in the Corporations Act – where accidental slip in orders pronounced by the Court – appropriate to vary orders made to reflect currently applicable version of s 473. Legislation Cited: Corporations Act 2001 (Cth), s 473, 473A, 477(2B), 1584 Gaming and Liquor Administration Act 2007 (NSW), ss 3, 16(1)(e) and (f) Insolvency Law Reform Act 2016 (Cth) Insolvency Practice Schedule (Corporations), ss 90-15(1), 90-15(3), 15-5 Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Category: Principal judgment Parties: Stephen John Parbery (Plaintiff) Golden Sands Hospitality Pty Ltd (in liq) (Defendant) Representation: Counsel: Mr A D'Arville (Plaintiff)