Palmer re Harrison [2010] NSWSC 1400

Palmer re Harrison [2010] NSWSC 1400

Where creditors fail to fix the remuneration of liquidators in a creditors voluntary winding up, the court is empowered under s 511(2) of the Corporations Act 2001 to determine the quantum. Delegation for hearing and determination may be conferred on a registrar by order pursuant to s 13 of the Civil Procedure Act.

Parties
Applicant: Christopher John Palmer; Applicant: Patrick Collis; Objector: Norman Leslie Harrison
Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Corporations Creditors Voluntary Winding Up / Application for Determination of Liquidators' Remuneration Referred to Senior Deputy Registrar
Outcome
Order of referral made
Legal Topics
Liquidators' Remuneration, Delegation of Powers, Voluntary Winding Up
Corporations Equity Civil Procedure Liquidators' Remuneration Delegation of Powers Voluntary Winding Up

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Parties

Christopher John Palmer

Applicant

Patrick Collis

Applicant

Norman Leslie Harrison

Objector

Procedural Posture

Corporations Creditors Voluntary Winding Up / Application for Determination of Liquidators' Remuneration Referred to Senior Deputy Registrar

Legal Issues

  1. 1 Whether the court may determine the remuneration of liquidators where creditors declined to do so
  2. 2 Appropriate statutory provision empowering such determination
  3. 3 Power to delegate to registrar in voluntary winding up

Ratio Decidendi

Where creditors fail to fix the remuneration of liquidators in a creditors voluntary winding up, the court is empowered under s 511(2) of the Corporations Act 2001 to determine the quantum. Delegation for hearing and determination may be conferred on a registrar by order pursuant to s 13 of the Civil Procedure Act.

Court Disposition

Order of referral made

Orders

  • Order that there be referred to Senior Deputy Registrar Musgrave the hearing and determination of proceedings 2010/225405, including fixing the proper remuneration of the applicant liquidators therein by determining the quantum thereof.
  • Order that there be referred to Senior Deputy Registrar Musgrave the hearing and determination of proceedings 2010/225436, including fixing the proper remuneration of the applicant liquidators therein by determining the quantum thereof.