Glenwood Village Pty Ltd v Glen Alpine Constructions Pty ltd [2009] NSWSC 516

Glenwood Village Pty Ltd v Glen Alpine Constructions Pty ltd [2009] NSWSC 516

There was no substantive challenge to the independence, fitness or qualification of the plaintiff's nominee, and considerations of cost, location of records, registered office, related companies and convenience favoured appointment of a Newcastle liquidator; accordingly the defendant was wound up in insolvency and the plaintiff's nominee was appointed liquidator.

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Winding Up in Insolvency / Ex Tempore Judgment
Outcome
Order that the defendant be wound up in insolvency; plaintiff's nominee appointed; plaintiff's costs to be paid out of assets of the defendant; no order as to the supporting creditor's costs.
Legal Topics
['external Administration' 'winding Up' 'insolvency' 'appointment of Liquidator']
['corporations'] ['external Administration' 'winding Up' 'insolvency' 'appointment of Liquidator']

Case Brief

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Procedural Posture

Winding Up in Insolvency / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the defendant should be wound up in insolvency.' "Whether the plaintiff's nominee should be appointed as liquidator where there was a dispute as to the appropriate appointee."]

Ratio Decidendi

There was no substantive challenge to the independence, fitness or qualification of the plaintiff's nominee, and considerations of cost, location of records, registered office, related companies and convenience favoured appointment of a Newcastle liquidator; accordingly the defendant was wound up in insolvency and the plaintiff's nominee was appointed liquidator.

Court Disposition

Order that the defendant be wound up in insolvency; plaintiff's nominee appointed; plaintiff's costs to be paid out of assets of the defendant; no order as to the supporting creditor's costs.

Orders

  • ['The defendant be wound up in insolvency.' 'Raymond George Tolcher be appointed liquidator of the defendant.' "The plaintiff's costs be paid out of the assets of the defendant." "No order as to the supporting creditor's costs."]