Crisp v ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd) [2010] FCA 1370

Crisp v ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd) [2010] FCA 1370

Mr Crisp has standing to apply to the court under sections 504 and 511 of the Corporations Act 2001 (Cth) as a creditor, and it is unnecessary to decide in this case whether a resolution of creditors capping remuneration is subject to review under s 504 as at the relevant date.

Parties
Applicant: Glenn Anthony Crisp; First Respondent: ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd); Second Respondent: Insurance Australia Limited
Jurisdiction
Australia
Judgment Date
08 December 2010
Procedural Posture
Corporations Law Remuneration Application / Determination of Stated Questions and Preliminary Issues
Outcome
Applicant has standing as creditor; question about s 504 review not decided; costs awarded to applicant.
Legal Topics
Standing of Former Liquidator, Remuneration of Liquidator, Court's Jurisdiction Under Ss 504 and 511
Corporations Law Standing of Former Liquidator Remuneration of Liquidator Court's Jurisdiction Under Ss 504 and 511

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Parties

Glenn Anthony Crisp

Applicant

ACN 069 859 585 Pty Ltd (formerly known as Waterman Collections Pty Ltd)

First Respondent

Insurance Australia Limited

Second Respondent

Procedural Posture

Corporations Law Remuneration Application / Determination of Stated Questions and Preliminary Issues

Legal Issues

  1. 1 Does a former liquidator have standing under ss 504 and 511 of the Corporations Act 2001 (Cth)?
  2. 2 Whether a creditors' resolution capping remuneration is subject to review under s 504 of the Corporations Act as applied on a particular date

Ratio Decidendi

Mr Crisp has standing to apply to the court under sections 504 and 511 of the Corporations Act 2001 (Cth) as a creditor, and it is unnecessary to decide in this case whether a resolution of creditors capping remuneration is subject to review under s 504 as at the relevant date.

Court Disposition

Applicant has standing as creditor; question about s 504 review not decided; costs awarded to applicant.

Orders

  • The applicant has standing as a creditor.
  • It is unnecessary to decide whether the creditors' resolution capping remuneration is subject to review under s 504.