In the matter of Hunter Valley Dental Surgery Pty Ltd (in liquidation) [2017] NSWSC 691

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hunter Valley Dental Surgery Pty Ltd (in liquidation) [2017] NSWSC 691 Hearing dates: 26 May 2017 Decision date: 02 June 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court stands the matter over and would allow the liquidator to seek leave to lead further evidence. Catchwords: CORPORATIONS — Winding up — Liquidators – Application by liquidator under Corporations Act 2001 (Cth) s 473(3)(b)(ii) to determine remuneration – whether amount of remuneration claimed is reasonable – whether evidence justifies amount of remuneration claimed Legislation Cited: - Corporations Act 2001 (Cth), ss 473, 482, 1581 - Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 (Cth) - Corporations Regulations 2001 (Cth), reg 10.25.02(3)(h) - Evidence Act 1995 (NSW), s 136 - Insolvency Law Reform Act 2016 (Cth) Cases Cited: - Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2017] NSWSC 540 - Re Idylic Solutions Pty Ltd as trustee for Super Save Superannuation Fund [2016] NSWSC 1292; (2016) 115 ACSR 581 - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 - Sanderson, as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38 Category: Procedural and other rulings Parties: David John Kerr (in his capacity as Official Liquidator of Hunter Valley Dental Surgery Pty Ltd (in liquidation)) (Applicant) Alexandra Morphett (First Respondent) John Harvey (Second Respondent) Representation: Counsel: S Balafoutis (Applicant) H N Newton (Respondents)