In the matter of CB Constructions (NSW) Pty Ltd [2014] NSWSC 913

In the matter of CB Constructions (NSW) Pty Ltd [2014] NSWSC 913

The application for approval of the provisional liquidator's remuneration was dismissed because the evidence presented contained profoundly inconsistent claims for remuneration without satisfactory explanation or sufficient supporting evidence. The applicant failed to establish the entitlement to the amount claimed, or to address factors required by s 473(10) of the Corporations Act.

Parties
Plaintiff: John Baird; Defendant: CB Constructions (NSW) Pty Ltd; Applicant/provisional Liquidator: Ashton Brailey
Jurisdiction
Australia
Judgment Date
26 February 2014
Procedural Posture
Interlocutory Application / Application for Determination of Remuneration of Provisional Liquidator
Outcome
Application dismissed
Legal Topics
Remuneration of Provisional Liquidator, Winding Up, Court Approval of Fees
Corporations Law Remuneration of Provisional Liquidator Winding Up Court Approval of Fees

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Parties

John Baird

Plaintiff

CB Constructions (NSW) Pty Ltd

Defendant

Ashton Brailey

Applicant/provisional Liquidator

Procedural Posture

Interlocutory Application / Application for Determination of Remuneration of Provisional Liquidator

Legal Issues

  1. 1 Whether the provisional liquidator has established his entitlement to remuneration
  2. 2 Whether evidence before the Court is sufficient and consistent to determine remuneration

Ratio Decidendi

The application for approval of the provisional liquidator's remuneration was dismissed because the evidence presented contained profoundly inconsistent claims for remuneration without satisfactory explanation or sufficient supporting evidence. The applicant failed to establish the entitlement to the amount claimed, or to address factors required by s 473(10) of the Corporations Act.

Court Disposition

Application dismissed

Orders

  • Application for determination of remuneration of provisional liquidator is dismissed.