Theobald, in the matter of Bowesco Pty Ltd (in liq) [2018] FCA 1725

Theobald, in the matter of Bowesco Pty Ltd (in liq) [2018] FCA 1725

It is appropriate for the Court to appoint the proposed replacement liquidators and deed administrators from the merged firm, as they are suitably qualified, have consented, are familiar with the relevant administrations, and their appointment is efficient and cost-effective. Notice to creditors prior to hearing may be dispensed with where post-order notification and a right for creditors to apply are provided.

Parties
First Plaintiff: Simon Guy Theobald; Second Plaintiff: Mark Julian Robinson; Third Plaintiff: Melissa Janet Mary Humann; Fourth Plaintiff: Robert Scott Ditrich; Fifth Plaintiff: Andrew John Scott; Sixth Plaintiff: William Anthony Honner; Seventh Plaintiff: Daniel Austin Walley; Eighth Plaintiff: Christopher Clarke Hill; Ninth Plaintiff: Michael Andrew Owen
Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Application / Judgment and Orders
Outcome
Application granted
Legal Topics
Liquidator Resignation, Filling Vacancies of Liquidator or Deed Administrator, Scheme of Arrangement, Court Appointment of Insolvency Practitioners
Corporations Law Liquidator Resignation Filling Vacancies of Liquidator or Deed Administrator Scheme of Arrangement Court Appointment of Insolvency Practitioners

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Parties

Simon Guy Theobald

First Plaintiff

Mark Julian Robinson

Second Plaintiff

Melissa Janet Mary Humann

Third Plaintiff

Robert Scott Ditrich

Fourth Plaintiff

Andrew John Scott

Fifth Plaintiff

William Anthony Honner

Sixth Plaintiff

Daniel Austin Walley

Seventh Plaintiff

Christopher Clarke Hill

Eighth Plaintiff

Michael Andrew Owen

Ninth Plaintiff

Procedural Posture

Application / Judgment and Orders

Legal Issues

  1. 1 Whether the Court should fill vacancies in the office of liquidator or deed administrator following the resignation of the incumbents
  2. 2 Whether the proposed replacements are appropriate appointments
  3. 3 Whether notice to creditors should be dispensed with prior to hearing

Ratio Decidendi

It is appropriate for the Court to appoint the proposed replacement liquidators and deed administrators from the merged firm, as they are suitably qualified, have consented, are familiar with the relevant administrations, and their appointment is efficient and cost-effective. Notice to creditors prior to hearing may be dispensed with where post-order notification and a right for creditors to apply are provided.

Court Disposition

Application granted

Orders

  • Requirement to serve the originating process and affidavits on creditors dispensed with.
  • Plaintiffs to publish orders on PricewaterhouseCoopers Australia website by 5:00pm on Friday, 26 October 2018.