Onefone Australia Pty Limited & Ors v One.Tel Limited (in liquidation) & Ors [2012] NSWSC 431

Onefone Australia Pty Limited & Ors v One.Tel Limited (in liquidation) & Ors [2012] NSWSC 431

On the basis that Mr Weston gave the two undertakings identified by the Court, including an undertaking to repay any excess interim payment if the proper remuneration determined by the Court was less than the interim amount, the Court referred the remuneration claim to a Registrar for assessment and made interim payment orders.

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Corporations Winding Up / Interlocutory Application
Outcome
Liquidator's remuneration referred to registrar for assessment and report to the Court - Orders for the payment of interim remuneration made contingent on an undertaking given by the special purpose liquidator to the Court.
Legal Topics
['winding Up' 'liquidator Remuneration' 'registrar Assessment' 'interim Remuneration']
['corporations'] ['winding Up' 'liquidator Remuneration' 'registrar Assessment' 'interim Remuneration']

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Procedural Posture

Corporations Winding Up / Interlocutory Application

Legal Issues

  1. 1 ["Whether the special purpose liquidator's claim for unfunded remuneration for work done in the period 1 October 2011 to 9 March 2012 should be referred to a Registrar for assessment and quantification." "Whether interim payment of remuneration should be made pending determination of the special purpose liquidator's remuneration claim."]

Ratio Decidendi

On the basis that Mr Weston gave the two undertakings identified by the Court, including an undertaking to repay any excess interim payment if the proper remuneration determined by the Court was less than the interim amount, the Court referred the remuneration claim to a Registrar for assessment and made interim payment orders.

Court Disposition

Liquidator's remuneration referred to registrar for assessment and report to the Court - Orders for the payment of interim remuneration made contingent on an undertaking given by the special purpose liquidator to the Court.

Orders

  • ["There be referred to a Registrar, for assessment and quantification, the SPL's claim for unfunded remuneration for work done in the period of time 1 October 2011 to 9 March 2012." 'The Registrar report to the Court constituted by a judge the total amount that would be the proper remuneration of the SPL claimed for...