In the matter of Arresso Consulting Pty Ltd [2019] NSWSC 997
The Court appointed Glenn Crisp and Sule Arnautovic as replacement liquidators of Arresso Consulting Pty Ltd and MP&HE Services Pty Ltd respectively, based on the benefit of continuity, cost efficiency for creditors, and recognition in authorities of such practice; leave was granted under s 532(2) to the extent necessary.
- Jurisdiction
- Australia
- Judgment Date
- 31 July 2019
- Procedural Posture
- Corporations – Winding Up / Replacement of Liquidator – Ex Parte Application
- Outcome
- Application granted; replacement liquidators appointed.
- Legal Topics
- ['winding Up' 'replacement of Liquidator']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporations – Winding Up / Replacement of Liquidator – Ex Parte Application
Legal Issues
- 1 ['Whether proposed liquidators should be appointed following resignation of existing liquidator' 'Whether leave under s 532(2) of Corporations Act 2001 (Cth) is necessary where replacement liquidators are from the same firm as resigning liquidator']
Ratio Decidendi
The Court appointed Glenn Crisp and Sule Arnautovic as replacement liquidators of Arresso Consulting Pty Ltd and MP&HE Services Pty Ltd respectively, based on the benefit of continuity, cost efficiency for creditors, and recognition in authorities of such practice; leave was granted under s 532(2) to the extent necessary.
Court Disposition
Application granted; replacement liquidators appointed.
Orders
- ['Order pursuant to s 499(3) of the Corporations Act 2001 (Cth) that Glenn Crisp be appointed as Liquidator of Arresso Consulting Pty Ltd (in Liquidation), effective upon filing notice with ASIC.' 'Order pursuant to s 473A(1) of the Corporations Act 2001 (Cth) that Sule Arnautovic be appointed as liquidator of MP&HE...
Full Case Text
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