In the matter of One.Tel Limited (in liquidation) ACN 068 193 153 [2012] NSWSC 68

In the matter of One.Tel Limited (in liquidation) ACN 068 193 153 [2012] NSWSC 68

As neither the GPL nor the SPL now press for the determination of the interlocutory question, and there is no opposition to payment nor any suggestion that the previous regime is inappropriate, the GPL is justified in making full payment to the SPL and it is appropriate to dissolve the previous order restricting payment.

Jurisdiction
Australia
Judgment Date
06 February 2012
Procedural Posture
Interlocutory Application in Liquidation / Post Removal Proceedings; Application for Direction on Payment of Liquidator’s Remuneration
Outcome
The General Purpose Liquidators are justified in paying to the Special Purpose Liquidator the sum of $218,865.66. Order 5 made on 19 December 2011 is dissolved.
Legal Topics
['liquidator’s Remuneration' 'winding Up' 'court Directions' 'variation of Orders']
['corporations Law'] ['liquidator’s Remuneration' 'winding Up' 'court Directions' 'variation of Orders']

Case Brief

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Procedural Posture

Interlocutory Application in Liquidation / Post Removal Proceedings; Application for Direction on Payment of Liquidator’s Remuneration

Legal Issues

  1. 1 ['Whether the General Purpose Liquidators (GPL) are justified in paying the claims for fees and disbursements to the Special Purpose Liquidator (SPL) contrary to an earlier order' 'Whether Order 5 made on 19 December 2011 should be dissolved']

Ratio Decidendi

As neither the GPL nor the SPL now press for the determination of the interlocutory question, and there is no opposition to payment nor any suggestion that the previous regime is inappropriate, the GPL is justified in making full payment to the SPL and it is appropriate to dissolve the previous order restricting payment.

Court Disposition

The General Purpose Liquidators are justified in paying to the Special Purpose Liquidator the sum of $218,865.66. Order 5 made on 19 December 2011 is dissolved.

Orders

  • ['To the extent necessary, Order 5 made by the Court on 19 December 2011 is varied and dissolved.' 'The General Purpose Liquidators are justified in paying to the Special Purpose Liquidator the sum of $218,865.66.']