Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 6) [2023] FCA 37

Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 6) [2023] FCA 37

It is appropriate and the Court has jurisdiction to finalise the accountant's appointment on the basis proposed, given that there are no or insufficient funds for consumer redress as a result of respondents' bankruptcy, and liberty is reserved to apply for further appointment if circumstances change.

Jurisdiction
Australia
Judgment Date
31 January 2023
Procedural Posture
Commercial and Corporations / Post Judgment Orders
Outcome
Appointment of accountant (Mr Kirman) to administer redress orders to be concluded upon provision of final report; leave granted to applicant to reapply if circumstances change.
Legal Topics
['redress Orders' 'appointment of Accountant' 'bankruptcy' 'franchising Code of Conduct']
['consumer Protection' 'corporations'] ['redress Orders' 'appointment of Accountant' 'bankruptcy' 'franchising Code of Conduct']

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Procedural Posture

Commercial and Corporations / Post Judgment Orders

Legal Issues

  1. 1 ['Whether the appointment of the accountant should be finalised given the bankruptcy of respondents and lack of funds for redress' 'Liberty to apply for appointment of accountant if circumstances change']

Ratio Decidendi

It is appropriate and the Court has jurisdiction to finalise the accountant's appointment on the basis proposed, given that there are no or insufficient funds for consumer redress as a result of respondents' bankruptcy, and liberty is reserved to apply for further appointment if circumstances change.

Court Disposition

Appointment of accountant (Mr Kirman) to administer redress orders to be concluded upon provision of final report; leave granted to applicant to reapply if circumstances change.

Orders

  • ["Subject to further order appointing an accountant to give effect to the redress orders made on 24 January 2020, Mr Kirman's appointment concluded upon provision of final report." 'Leave to applicant to apply for appointment of accountant if material change in circumstances.']