Dudley, in the matter of Manamy Pty Ltd v Deputy Commissioner of Taxation [2015] FCA 1448

Dudley, in the matter of Manamy Pty Ltd v Deputy Commissioner of Taxation [2015] FCA 1448

It is appropriate for Mr Dudley to resign as liquidator due to a conflict of interest identified post-appointment; and, under s 473(7) of the Corporations Act 2001 (Cth), the Court should appoint Ms Low as replacement liquidator as she is suitably qualified and no prejudice would result from the change.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Corporations Application for Replacement of Court Appointed Liquidator Due to Conflict of Interest / Post Liquidation Order; Application for Resignation and Replacement of Liquidator
Outcome
Application granted: resignation of plaintiff as liquidator permitted; vacancy to be filled by Ms Low as court-appointed liquidator.
Legal Topics
['liquidators—resignation Due to Conflict of Interest' "court's Power to Appoint Liquidator" "liquidator's Independence and Impartiality" 'replacement of Court Appointed Liquidator']
['corporations Law'] ['liquidators—resignation Due to Conflict of Interest' "court's Power to Appoint Liquidator" "liquidator's Independence and Impartiality" 'replacement of Court Appointed Liquidator']

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Procedural Posture

Corporations Application for Replacement of Court Appointed Liquidator Due to Conflict of Interest / Post Liquidation Order; Application for Resignation and Replacement of Liquidator

Legal Issues

  1. 1 ['Whether the court-appointed liquidator should be permitted to resign due to a conflict of interest' 'Whether the Court should appoint a replacement liquidator pursuant to s 473(7) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

It is appropriate for Mr Dudley to resign as liquidator due to a conflict of interest identified post-appointment; and, under s 473(7) of the Corporations Act 2001 (Cth), the Court should appoint Ms Low as replacement liquidator as she is suitably qualified and no prejudice would result from the change.

Court Disposition

Application granted: resignation of plaintiff as liquidator permitted; vacancy to be filled by Ms Low as court-appointed liquidator.

Orders

  • ['The role of the parties be amended to plaintiff, first defendant and second defendant.' 'The Court notes and declares it is appropriate for the plaintiff to resign as liquidator of the second defendant.' "The vacancy in the office of liquidator arising on Mr Dudley's resignation is to be filled by Jennifer...