In the matter of ACN 104 635 369 Pty Ltd [2020] NSWSC 242

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 104 635 369 Pty Ltd [2020] NSWSC 242 Hearing dates: 9 March 2020 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) the first defendant reinstate the registration of ACN 104 635 369 Pty Ltd (in liq) ("the Company"). 2. Pursuant to s 601AH(3) of the Corporations Act 2001 (Cth), that upon reinstatement of the registration of the Company Graeme Robert Beattie and Christopher Darin be appointed as the joint and several liquidators of the Company. 3. Pursuant to s 90-15(1) of Schedule 2 of the Corporations Act 2001 (Cth) that the remuneration for Graeme Robert Beattie and Christopher Darin, as joint and several liquidators of the Company, be fixed in an amount of $20,417.34 (inclusive of GST), and be paid out of the funds held in the liquidation. 4. That the plaintiffs' costs of and incidental to this application be fixed in a sum of $20,000.00 (inclusive of GST) and be paid from the funds held in the liquidation. 5. That subject to the payments identified in Orders 3 and 4 above, the Liquidators are to pay the balance of the funds held in the liquidation to the second defendant in partial repayment of the funding provided by it in respect of the winding up the Company, such payment to be made within 21 days of the Company being reinstated and being provided with the bank details of the second defendant. Catchwords: CORPORATIONS — Winding up — Liquidators — Remuneration Legislation Cited: Corporations Act 2001 (Cth), 471B, 477(2B), 502, 503, 509, 511, 564, 601AH, Sch 2 (Insolvency Practice Schedule) s 90-15(1) Category: Principal judgment Parties: Graeme Beattie in his capacity as former liquidator of ACN 104 635 369 Pty Ltd (Deregistered) (First Plaintiff) Christopher Darin in his capacity as former liquidator of ACN 104 635 369 Pty Ltd (Deregistered) (Second Plaintiff) Australian Securities and Investments Commission (First Defendant) AJ Azzopardi Industries Pty Ltd (Second Defendant) Representation: Counsel: D Nagle (Plaintiffs) D Robertson (Second Defendant)