Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq) [2022] FCA 649

Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq) [2022] FCA 649

Because Mr Tayeh had resigned for personal and health-related reasons, Ms McCallum and Mr Resnick had consented to act, ASIC did not oppose the application, notice would be given to known creditors, the creditors had already received the relevant initial information, and continuity within the same firm would avoid unnecessary cost and delay and benefit creditors, it was in the interests of creditors to appoint Ms McCallum and Mr Resnick as joint and several liquidators and to dispense with the r 70-30 requirements.

Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Uncontested Application for Replacement of Liquidator of Companies in Liquidation / Originating Process; Ex Tempore Reasons and Orders
Outcome
Application granted; orders made appointing the second and third plaintiffs as joint and several liquidators of the defendant companies and dispensing with r 70-30 requirements.
Legal Topics
['replacement of Liquidator' 'resignation of Liquidator' 'court Appointment of Joint and Several Liquidators' 'dispensation From Creditor Information Requirements' 'leave for Partners of Former Liquidator to Act']
['bankruptcy and Insolvency' 'corporations and Corporate Insolvency'] ['replacement of Liquidator' 'resignation of Liquidator' 'court Appointment of Joint and Several Liquidators' 'dispensation From Creditor Information Requirements' 'leave for Partners of Former Liquidator to Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Uncontested Application for Replacement of Liquidator of Companies in Liquidation / Originating Process; Ex Tempore Reasons and Orders

Legal Issues

  1. 1 ["Whether the vacancies in the office of liquidator caused by Mr Tayeh's resignation should be filled by appointing Ms McCallum and Mr Resnick as joint and several liquidators of each defendant company." 'Whether leave should be granted under s 532(2) of the Corporations Act 2001 (Cth) for Ms McCallum and Mr Resnick to be appointed and act as liquidators.' 'Whether the requirements of r 70-30 of the Insolvency Practice Rules (Corporations) 2016 (Cth) should be dispensed with.']

Ratio Decidendi

Because Mr Tayeh had resigned for personal and health-related reasons, Ms McCallum and Mr Resnick had consented to act, ASIC did not oppose the application, notice would be given to known creditors, the creditors had already received the relevant initial information, and continuity within the same firm would avoid unnecessary cost and delay and benefit creditors, it was in the interests of creditors to appoint Ms McCallum and Mr Resnick as joint and several liquidators and to dispense with the r 70-30 requirements.

Court Disposition

Application granted; orders made appointing the second and third plaintiffs as joint and several liquidators of the defendant companies and dispensing with r 70-30 requirements.

Orders

  • ['Leave be granted, under s 532(2) of the Corporations Act 2011 (Cth), for the second plaintiff, Ms McCallum and the third plaintiff, Mr Resnick to seek to be appointed and act as the liquidator of the defendants.' 'Pursuant to s 473A(1)(a) of the Corporations Act 2011 (Cth) and s 90-15(3)(c) of the Insolvency...