In the matter of Bonny Glen Fruits Pty Ltd [2019] NSWSC 1784

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bonny Glen Fruits Pty Ltd [2019] NSWSC 1784 Hearing dates: 2 December 2019 Date of orders: 02 December 2019 Decision date: 02 December 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made approving provisional liquidators' remuneration under s 60-16 of the Insolvency Practice Schedule (Corporations). Catchwords: CORPORATIONS – winding up – provisional liquidators – application for remuneration for performance of services – where remuneration calculated on time-costing basis – where work performed had necessary connection with the provisional liquidation and powers conferred on provisional liquidators – where remuneration sought is not disproportionate – whether such remuneration should be approved. Legislation Cited: - Corporations Act 2001 (Cth) s 473(10) Insolvency Law Reform Act 2016 (Cth) - Insolvency Practice Schedule (Corporations) ss 60-12, 60-16, 60-20, 60-20(3) - Supreme Court (Corporations) Rules 1999 (NSW) r 9.3 Cases Cited: - Re NR Wolli Creek Pty Ltd (recs and mgrs apptd) [2019] NSWSC 313 - Re Traditional Values Management Ltd (in liq) [2019] VSC 281 - Sallway, Re Mossgreen Pty Ltd (in liq) (Remuneration of Liquidators) [2019] FCA 1771 - Sanderson as liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38; (2017) 118 ACSR 333 Category: Procedural and other rulings Parties: Anthony Elkerton and Cameron Gray as joint and several provisional liquidators of the First, Third, Fourth and Fifth Defendants (Applicants) Timothy Hall (Plaintiff) Bonny Glen Fruits Pty Ltd (First Defendant) Bernard Hall (Second Defendant) Bonny Glen Trading Pty Ltd (Third Defendant) Caernarvon Canobolas Pty Ltd (Fourth Defendant) Melrose Park Nashdale Pty Ltd (Fifth Defendant) Frederick Charles Hall (Sixth Defendant) Pamela Therese Hall (Seventh Defendant) Representation: Counsel: M J Smith (Applicants)