Taylor, in the matter of Origin Internet Solutions Pty Ltd (in liquidation) [2004] FCA 382

There was no potential for conflict of interest, and the liquidator's appointment as administrator would be in the creditors' interests, saving time and costs; accordingly, leave was granted.

Jurisdiction: Australia
Judgment Date: 23 March 2004
Procedural Posture: Corporations Matter (liquidation/administration) / Application for Leave to Appoint Liquidator as Administrator
Outcome: Leave granted to liquidator to appoint himself as administrator; costs order made.
Legal Topics: ['liquidation' 'administration' 'deed of Company Arrangement' 'appointment of Administrator']

['corporations Law'] ['liquidation' 'administration' 'deed of Company Arrangement' 'appointment of Administrator']

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Procedural Posture

Corporations Matter (liquidation/administration) / Application for Leave to Appoint Liquidator as Administrator

Legal Issues

1 ['Whether the liquidator should be granted leave to appoint himself as administrator pursuant to s 436B(2) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

There was no potential for conflict of interest, and the liquidator's appointment as administrator would be in the creditors' interests, saving time and costs; accordingly, leave was granted.

Court Disposition

Leave granted to liquidator to appoint himself as administrator; costs order made.

Orders

['Barry Keith Taylor the liquidator of Origin Internet Solutions Pty Ltd (in liquidation) have leave pursuant to s 436B(2) of the Corporations Act 2001 (Cth) to appoint himself as administrator of the company.' 'The costs of this application be costs in the proposed administration.']