In the matter of Ambridge Investments Pty Limited & Ors [2015] NSWSC 1671

In the matter of Ambridge Investments Pty Limited & Ors [2015] NSWSC 1671

The Supreme Court of NSW has jurisdiction under s 473(7) of the Corporations Act 2001 (Cth) to make orders appointing a new liquidator to fill vacancies created by the resignation of a liquidator, including where the original appointment was by another Court, due to the national scheme and concurrent jurisdiction conferred by the Act.

Parties
Plaintiffs: Ambridge Investments Pty Ltd and others; Plaintiff: James Michael White
Jurisdiction
Australia
Judgment Date
02 November 2015
Procedural Posture
Application / Hearing and Judgment Appointment of Replacement Liquidator
Outcome
Orders made for appointment of new liquidator.
Legal Topics
Liquidators, Appointment of Liquidator, Jurisdiction of Court Under Corporations Act
Corporations Law Equity Liquidators Appointment of Liquidator Jurisdiction of Court Under Corporations Act

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Parties

Ambridge Investments Pty Ltd and others

Plaintiffs

James Michael White

Plaintiff

Procedural Posture

Application / Hearing and Judgment Appointment of Replacement Liquidator

Legal Issues

  1. 1 Whether the Supreme Court of NSW may make orders under s 473(7) of the Corporations Act 2001 (Cth) to fill the vacancies created by the resignation of a liquidator from companies appointed by other Courts.

Ratio Decidendi

The Supreme Court of NSW has jurisdiction under s 473(7) of the Corporations Act 2001 (Cth) to make orders appointing a new liquidator to fill vacancies created by the resignation of a liquidator, including where the original appointment was by another Court, due to the national scheme and concurrent jurisdiction conferred by the Act.

Court Disposition

Orders made for appointment of new liquidator.

Orders

  • James Michael White is appointed to fill the vacancies created by the resignation of the liquidator in respect of the subject companies.