Baird v CB Constructions (NSW) Pty Ltd & anor [2009] NSWSC 476

Baird v CB Constructions (NSW) Pty Ltd & anor [2009] NSWSC 476

Because the defendants agreed that a provisional liquidator should be appointed, there was no admissible evidence reflecting adversely on the fitness of the plaintiff's nominee Ashton Brailey, and the plaintiff's nominee should ordinarily be appointed absent a reason to doubt fitness or independence, Ashton Brailey was appointed provisional liquidator of the first defendant.

Jurisdiction
Australia
Judgment Date
04 May 2009
Procedural Posture
Corporations Proceeding for Winding Up and Interlocutory Application for Appointment of a Provisional Liquidator / Ex Tempore Judgment on Interlocutory Process
Outcome
Provisional liquidator appointed
Legal Topics
['appointment of Provisional Liquidator' 'winding Up' 'identity and Independence of Liquidator']
['corporations'] ['appointment of Provisional Liquidator' 'winding Up' 'identity and Independence of Liquidator']

Case Brief

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Procedural Posture

Corporations Proceeding for Winding Up and Interlocutory Application for Appointment of a Provisional Liquidator / Ex Tempore Judgment on Interlocutory Process

Legal Issues

  1. 1 ['Whether a provisional liquidator should be appointed to the first defendant company.' "Whether the plaintiff's nominated provisional liquidator, Ashton Brailey, should be appointed where the defendants opposed that nomination and proposed other official liquidators."]

Ratio Decidendi

Because the defendants agreed that a provisional liquidator should be appointed, there was no admissible evidence reflecting adversely on the fitness of the plaintiff's nominee Ashton Brailey, and the plaintiff's nominee should ordinarily be appointed absent a reason to doubt fitness or independence, Ashton Brailey was appointed provisional liquidator of the first defendant.

Court Disposition

Provisional liquidator appointed

Orders

  • ['Pursuant to Corporations Act s 472(2), Ashton Brailey be appointed liquidator of the first defendant C B Constructions (NSW) Pty Limited provisionally.' 'Order 4 in the interlocutory process filed 24 April 2009 is made.' 'Costs of the interlocutory process be costs in the proceedings.' 'The proceedings are...