Hurst v Bar Machiavelli Pty Limited ACN 609 268 037 (No 2) [2018] NSWSC 1549

Supreme Court New South Wales

Medium Neutral Citation: Hurst v Bar Machiavelli Pty Limited ACN 609 268 037 (No 2) [2018] NSWSC 1549 Hearing dates: 9 October 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: The orders of the Court are:

1. David Anthony Hurst have leave under Corporations Act 2001 (Cth), s 532(2), to consent to be appointed, and to act as, liquidator of Bar Machiavelli Pty Ltd ACN 609 268 037 ("the Company").

2. Order that the Company be wound up in insolvency.

3. Order that Mr Hurst be appointed liquidator of the Company. Catchwords: CORPORATIONS – winding up – application by creditor to wind up company – where company unable to pay remuneration and disbursements to a creditor who was formerly the administrator of the company

CORPORATIONS – winding up – liquidators – appointment, resignation or removal of liquidator – independence of liquidator – suitability of appointment where there is an actual or perceived conflict between the liquidator's duty to creditors and their personal interests – whether a conflict exists in circumstances where the proposed liquidator disputes fees and costs owing to them from discharging their responsibilities as a former administrator of the company Legislation Cited: Corporations Act 2001 (Cth), ss 446AA, 499, 532, Schedule 2 (Div 60) Cases Cited: Advance Housing Pty Ltd (in liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230 Chevron Furnishers Pty Ltd (in liq), Re; Qld Amalgamated Industries Pty Ltd v Harris [1995] 1 Qd R 125 Hurst v Bar Machiavelli Pty Limited ACN 609 268 037 [2018] NSWSC 1511 Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380 Category: Principal judgment Parties: David Anthony Hurst (Plaintiff) Bar Machiavelli Pty Limited (Defendant) Paola Toppi (Intervener) Representation: Counsel: MJ Dawson (Plaintiff) JT Johnson / M Castle (Intervener)