Roufeil (Liquidator), in the matter of Leighton Scaffolding Pty Ltd (in liq) [2018] FCA 34

Roufeil (Liquidator), in the matter of Leighton Scaffolding Pty Ltd (in liq) [2018] FCA 34

The Court has power to appoint, and it is appropriate to appoint, the replacement liquidator as liquidator and as receiver and manager over the trust assets without security, to realise the right of indemnity and distribute assets accordingly. The liquidator's remuneration and costs as specified are appropriately paid from trust assets, with orders made in accordance with the creditors' resolutions approved.

Parties
First Plaintiff: Mark Roufeil (in his capacity as liquidator of Leighton Scaffolding Pty Ltd (in liquidation)); Second Plaintiff: Leighton Scaffolding Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Corporations Liquidation/receiver Application / Application for Appointment of New Liquidator and Related Relief
Outcome
Applications granted
Legal Topics
Appointment of Liquidator, Appointment of Receiver and Manager, Distribution of Trust Assets, Liquidator's Remuneration, Creditors Meeting, Employee Entitlements in Insolvency
Corporations Law Insolvency Law Appointment of Liquidator Appointment of Receiver and Manager Distribution of Trust Assets Liquidator's Remuneration Creditors Meeting Employee Entitlements in Insolvency

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Parties

Mark Roufeil (in his capacity as liquidator of Leighton Scaffolding Pty Ltd (in liquidation))

First Plaintiff

Leighton Scaffolding Pty Ltd (in liquidation)

Second Plaintiff

Procedural Posture

Corporations Liquidation/receiver Application / Application for Appointment of New Liquidator and Related Relief

Legal Issues

  1. 1 Whether a new liquidator should be appointed under s 473A of the Corporations Act 2001 (Cth)
  2. 2 Whether the liquidator should be appointed as receiver and manager of trust assets pursuant to s 57(1) of the Federal Court of Australia Act 1976 (Cth)
  3. 3 Entitlement and justification for liquidator's remuneration from trust assets

Ratio Decidendi

The Court has power to appoint, and it is appropriate to appoint, the replacement liquidator as liquidator and as receiver and manager over the trust assets without security, to realise the right of indemnity and distribute assets accordingly. The liquidator's remuneration and costs as specified are appropriately paid from trust assets, with orders made in accordance with the creditors' resolutions approved.

Court Disposition

Applications granted

Orders

  • Mark Roufeil is appointed liquidator of Leighton Scaffolding Pty Ltd (in liquidation).
  • John Vouris is removed as party; Mark Roufeil in his new role is joined as plaintiff.