In the matter of Tradercobb Pty Ltd (in Liquidation) [2024] NSWSC 1167

In the matter of Tradercobb Pty Ltd (in Liquidation) [2024] NSWSC 1167

The court is satisfied, based on the liquidator's evidence and addressing s 60-12 factors, that the remuneration sought was for necessary and properly performed work, was reasonable and proportionate, and compliance with procedural requirements was appropriately dispensed with.

Parties
First Plaintiff: Timothy Cook in his capacity as liquidator of Tradercobb Pty Ltd (in Liquidation); Second Plaintiff: Tradercobb Pty Ltd (in Liquidation); Interested Party: Mr A Winston (for Mr Tedesco, interested party)
Jurisdiction
Australia
Judgment Date
09 September 2024
Procedural Posture
Corporations Liquidator Remuneration Application / Final Determination and Orders
Outcome
Orders made approving liquidator's remuneration and dispensing with procedural requirements.
Legal Topics
Liquidator Remuneration, Winding Up, Asset Realisation
Corporations Insolvency Liquidator Remuneration Winding Up Asset Realisation

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Parties

Timothy Cook in his capacity as liquidator of Tradercobb Pty Ltd (in Liquidation)

First Plaintiff

Tradercobb Pty Ltd (in Liquidation)

Second Plaintiff

Mr A Winston (for Mr Tedesco, interested party)

Interested Party

Procedural Posture

Corporations Liquidator Remuneration Application / Final Determination and Orders

Legal Issues

  1. 1 Whether work performed by liquidator was necessary and properly performed
  2. 2 Whether remuneration claimed is fair and reasonable
  3. 3 Whether compliance with procedural rules should be dispensed with

Ratio Decidendi

The court is satisfied, based on the liquidator's evidence and addressing s 60-12 factors, that the remuneration sought was for necessary and properly performed work, was reasonable and proportionate, and compliance with procedural requirements was appropriately dispensed with.

Court Disposition

Orders made approving liquidator's remuneration and dispensing with procedural requirements.

Orders

  • Dispense with compliance with rule 9.2(2) and 9.2(6)(d) of the Supreme Court (Corporations Rules) 1999
  • Liquidator entitled to $6,517.50 (plus GST) for work during voluntary administration from assets of Tradercobb Pty Ltd (in Liquidation)