In the matter of Hunter Valley Dental Surgery Pty Ltd [2017] NSWSC 1144

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hunter Valley Dental Surgery Pty Ltd [2017] NSWSC 1144 Hearing dates: 8 August 2017 Decision date: 29 August 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court approves the liquidator's remuneration; grants leave to the Plaintiff under s 471A of the Corporations Act 2001 (Cth) to take specified steps; and orders that the winding up of the company be terminated. Catchwords: CORPORATIONS — Winding up — Application by sole shareholder and director for termination of winding up – where all undisputed debts paid or will be paid – where company apparently solvent and profitable – where liquidator consents.

CORPORATIONS — Winding up — Liquidators — Remuneration – where company's winding up will be terminated – where parties with continuing interest in company agree as to liquidator's remuneration – where meeting of creditors would cause further delay and costs – whether remuneration claimed should be approved by the Court. Legislation Cited: - Corporations Act 2001 (Cth), ss 471A, 473, 482 Cases Cited: - First Strategic Development Corporation Ltd (in liq) v Chan [2014] QSC 60 - Re Glass Recycling Pty Ltd (ACN 001 332 654) [2014] NSWSC 439 - Re Modena Imports Pty Ltd (in liq) [2010] NSWSC 739 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Swan Services Pty Limited (in liq) [2016] NSWSC 1724 - Re Warbler Pty Ltd (1982) 6 ACLR 526 Category: Principal judgment Parties: Alexandra Morphett (Plaintiff) David Kerr in his capacity as liquidator of Hunter Valley Dental Surgery Pty Ltd (in liquidation) (First Defendant) Hunter Valley Dental Surgery Pty Ltd (in liquidation) (Second Defendant) Representation: Counsel: N Newton (Plaintiff) S Balafoutis (First Defendant – Liquidator)