In the matter of Fluid Form Movement Pty Limited and other companies [2013] NSWSC 2007

In the matter of Fluid Form Movement Pty Limited and other companies [2013] NSWSC 2007

Mr Baxendale's serious illness and impending major surgery meant he would be unable to attend to the external administrations for a number of months, and his firm could not provide a substitute, which constituted sufficient cause to remove and replace him as liquidator under ss 473 and 503. Although the express deed-administrator replacement provisions were not engaged, s 447A permitted the Court to make Part 5.3A operate so as to empower removal and replacement of him as deed administrator of Plaza West Pty Ltd.

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Corporations External Administration Application by Originating Process for Removal and Replacement of Liquidator and Deed Administrator / Ex Tempore Principal Judgment
Outcome
Application granted; Guy Anthony Baxendale removed and replacement liquidators and deed administrators appointed.
Legal Topics
['removal and Replacement of Liquidator' 'removal and Replacement of Deed Administrator' 'court Appointed Liquidator' 'voluntary Winding Up' 'deed of Company Arrangement' 'corporations Act Part 5.3 A']
['corporations Law' 'insolvency' 'external Administration'] ['removal and Replacement of Liquidator' 'removal and Replacement of Deed Administrator' 'court Appointed Liquidator' 'voluntary Winding Up' 'deed of Company Arrangement' 'corporations Act Part 5.3 A']

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Procedural Posture

Corporations External Administration Application by Originating Process for Removal and Replacement of Liquidator and Deed Administrator / Ex Tempore Principal Judgment

Legal Issues

  1. 1 ['Whether Guy Anthony Baxendale should be removed and replaced as court-appointed liquidator of Fluid Form Movement Pty Ltd under Corporations Act s 473.' 'Whether Guy Anthony Baxendale should be removed and replaced as voluntary liquidator of the companies identified in the application under Corporations Act s 503.' 'Whether the Court could remove and replace Guy Anthony Baxendale as deed administrator of Plaza West Pty Ltd where the express grounds in ss 447E, 449B and 449D were not engaged.' 'Whether Corporations Act s 447A could be used to make Part 5.3A operate so as to empower the Court to remove and replace the deed administrator.']

Ratio Decidendi

Mr Baxendale's serious illness and impending major surgery meant he would be unable to attend to the external administrations for a number of months, and his firm could not provide a substitute, which constituted sufficient cause to remove and replace him as liquidator under ss 473 and 503. Although the express deed-administrator replacement provisions were not engaged, s 447A permitted the Court to make Part 5.3A operate so as to empower removal and replacement of him as deed administrator of Plaza West Pty Ltd.

Court Disposition

Application granted; Guy Anthony Baxendale removed and replacement liquidators and deed administrators appointed.

Orders

  • ['Pursuant to Corporations Act s 473(1) Guy Anthony Baxendale be removed as liquidator of Fluid Form Movement Pty Ltd.' 'Pursuant to Corporations Act s 473(7) Stephen Wesley Hathway and Thomas John Joachim Atkinson, of Level 7, 151 Castlereagh Street, Sydney, be appointed jointly as official liquidators of Fluid...