In the matter of ACN 159 605 188 Pty Ltd [2017] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 159 605 188 Pty Ltd [2017] NSWSC 1642 Hearing dates: 11 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Review of remuneration of defendants acting as administrators ordered; application for review of remuneration of defendants acting as liquidators be dismissed. Catchwords: CORPORATIONS – external administration – voluntary administration – liquidation – deemed voluntary winding up – Corporations Act, s 449E(2) and s 504(1) – where applicant seeks review of defendants' remuneration while acting as administrators and liquidators – where liquidators' remuneration negotiated and not attended by clear disproportionality – where administrators' remuneration attended by apparently striking disproportionality – held, dismiss application to review liquidators' remuneration but order review of administrators' remuneration. Legislation Cited: (CTH) Corporations Act 2001, s 436A, s 449E(2), s 504(1) Cases Cited: Cardinal Project Services Pty Ltd, Re [2017] NSWSC 920 Kennards Hire Pty Ltd v RMGA Pty Ltd [2010] NSWSC 1387 Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1222; (2009) 76 ACSR 26 Category: Principal judgment Parties: Graham Allan Potter (plaintiff) Domenico Alessandro Calabretta and Grahame Ward (defendants) Representation: Counsel: R Marshall SC with H Durack (plaintiff) S Golledge (defendant)

Solicitors: A & S Mobile Lawyers (plaintiff) Nelson McKinnon Lawyers (defendants) File Number(s): 2017/143110