NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Hunter Valley Dental Surgery Pty Ltd (in liquidation) (No 2) [2017] NSWSC 1027 Hearing dates: 26 May 2017, 18 July 2017 Decision date: 04 August 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court holds that orders should be made approving the liquidator's remuneration in the amounts claimed. 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), s 473 - 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 Sakr Nominees Pty Ltd [2017] NSWSC 668 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)
Solicitors: Kemp Strang (Applicant) Deutsch Miller (Respondents) File Number(s): 2015/289831
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