In the matter of A J Roberts Removals & Storage Pty Ltd [2017] NSWSC 1829

In the matter of A J Roberts Removals & Storage Pty Ltd [2017] NSWSC 1829

Mr Louttit was appointed because the appearance of independence would be promoted by appointing a liquidator without a longstanding professional relationship with the Plaintiffs' solicitor, and because Mr Louttit's quoted hourly rates were lower in several categories. The Defendants were ordered to pay half the Plaintiffs' costs because the Plaintiffs ultimately succeeded in obtaining winding up, but their broader unsuccessful claims and relief substantially lengthened the hearing and made a full costs order unfair.

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Corporations Winding Up Proceedings / Ex Tempore Judgment on Appointment of Liquidator and Costs After Prior Indication That the Company Would Be Wound Up
Outcome
AJ Roberts Removal & Storage Pty Limited was ordered to be wound up, Mr Jamieson Louttit was appointed as liquidator, and the Defendants were ordered to pay half the costs of the proceedings as agreed or as assessed.
Legal Topics
['winding Up' 'appointment of Liquidator' 'appearance of Independence' 'party/party Costs' 'costs Follow the Event']
['corporations Law' 'civil Procedure' 'costs'] ['winding Up' 'appointment of Liquidator' 'appearance of Independence' 'party/party Costs' 'costs Follow the Event']

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

Corporations Winding Up Proceedings / Ex Tempore Judgment on Appointment of Liquidator and Costs After Prior Indication That the Company Would Be Wound Up

Legal Issues

  1. 1 ['Which of the competing proposed liquidators should be appointed to the company.' 'Whether the appearance of independence and comparative hourly rates favoured appointment of Mr Jamieson Louttit rather than Mr Condon.' 'What costs order should be made where the Plaintiffs obtained a winding up order but failed on significant aspects of their wider case.']

Ratio Decidendi

Mr Louttit was appointed because the appearance of independence would be promoted by appointing a liquidator without a longstanding professional relationship with the Plaintiffs' solicitor, and because Mr Louttit's quoted hourly rates were lower in several categories. The Defendants were ordered to pay half the Plaintiffs' costs because the Plaintiffs ultimately succeeded in obtaining winding up, but their broader unsuccessful claims and relief substantially lengthened the hearing and made a full costs order unfair.

Court Disposition

AJ Roberts Removal & Storage Pty Limited was ordered to be wound up, Mr Jamieson Louttit was appointed as liquidator, and the Defendants were ordered to pay half the costs of the proceedings as agreed or as assessed.

Orders

  • ['AJ Roberts Removal & Storage Pty Limited be wound up pursuant to s 461 of the Corporations Act 2001.' 'Mr Jamieson Louttit be appointed as liquidator.' 'The Defendants pay half the costs of the proceedings, as agreed or as assessed.']