Hurst v Bar Machiavelli Pty Limited ACN 609 268 037 [2018] NSWSC 1511

Hurst v Bar Machiavelli Pty Limited ACN 609 268 037 [2018] NSWSC 1511

The company was left as a shell after transfer of its business, unable to meet obligations to creditors outside the relevant agreement and unable to pay the administrator's fees. That evidence established a prima facie case of insolvency and the need for a provisional liquidator to protect current and prospective creditors by vindicating any claims the company may have; Mr Hurst was suitable and had consented to act.

Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Application for Appointment of a Provisional Liquidator Pending Winding Up Proceedings in Insolvency / Ex Tempore Decision on Urgent Application
Outcome
Application granted; David Anthony Hurst appointed as provisional liquidator of Bar Machiavelli Pty Limited (ACN 609 268 037).
Legal Topics
['winding Up' 'provisional Liquidator' 'voluntary Administration' 'creditor Protection' 'administrator Remuneration']
['corporations Law' 'insolvency'] ['winding Up' 'provisional Liquidator' 'voluntary Administration' 'creditor Protection' 'administrator Remuneration']

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Procedural Posture

Application for Appointment of a Provisional Liquidator Pending Winding Up Proceedings in Insolvency / Ex Tempore Decision on Urgent Application

Legal Issues

  1. 1 ['Whether there was a prima facie case that Bar Machiavelli Pty Ltd was insolvent.' 'Whether it was necessary to appoint a provisional liquidator to protect the interests of current and prospective creditors.' 'Whether David Anthony Hurst was a suitable person to be appointed as provisional liquidator.']

Ratio Decidendi

The company was left as a shell after transfer of its business, unable to meet obligations to creditors outside the relevant agreement and unable to pay the administrator's fees. That evidence established a prima facie case of insolvency and the need for a provisional liquidator to protect current and prospective creditors by vindicating any claims the company may have; Mr Hurst was suitable and had consented to act.

Court Disposition

Application granted; David Anthony Hurst appointed as provisional liquidator of Bar Machiavelli Pty Limited (ACN 609 268 037).

Orders

  • ['The Court appoints David Anthony Hurst as provisional liquidator of Bar Machiavelli Pty Limited (ACN 609 268 037).']