In the matter of A J Roberts Removals & Storage Pty Ltd [2017] NSWSC 1829

Supreme Court New South Wales

Medium Neutral Citation: In the matter of A J Roberts Removals & Storage Pty Ltd [2017] NSWSC 1829 Hearing dates: 15 September 2017 Decision date: 15 September 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court appoints Mr Jamieson Louttit as liquidator of the company and orders that the Defendants pay half the costs of and incidental to the proceedings, as agreed or as assessed. Catchwords: CORPORATIONS — Winding up — Liquidators — Appointment – where Plaintiffs and Defendants seek appointment of different liquidators – which of two liquidators should be appointed

COSTS — Party/Party — General rule that costs follow the event – where Plaintiffs' success could have been achieved on narrower grounds – where hearing would have been significantly shortened if Plaintiffs had not unsuccessfully raised broader issues Legislation Cited: - Corporations Act 2001 (Cth), s 461 - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Limited [2016] NSWCA 34 - Kraissa v Hair Industrie Penrith Pty Limited [2015] NSWSC 1905 - Re A J Roberts Removals & Storage Pty Ltd [2017] NSWSC 1054 - Re Hayes Steel Framing Systems Pty Ltd (admins apptd) [2017] NSWSC 385

- Re Swan Services Pty Ltd (in liq) [2017] NSWSC 692 Category: Procedural and other rulings Parties: Bradley Trent (First Plaintiff) Eraina Trent (Second Plaintiff) Kenneth James Bolton (First Defendant) Pauline Shumack (Second Defendant) AJ Roberts Removals & Storage Pty Limited (Third Defendant) Representation: Counsel: D C Price (Plaintiffs) A G Martin (Defendants)