Anderson Group [2002] NSWSC 764

Anderson Group [2002] NSWSC 764

Allegations of misconduct or breach of duty by a liquidator may be considered by the court when determining the liquidator's remuneration under s.473(3)(b)(ii) of the Corporations Act and should not be struck out as irrelevant; such allegations must, however, be established on evidence, and the remuneration procedure should accommodate a bifurcated process addressing both normal quantification and any proven misconduct.

Jurisdiction
Australia
Judgment Date
29 August 2002
Procedural Posture
Application in Winding Up Proceedings / Interlocutory Application to Strike Out Objection to Liquidator's Remuneration
Outcome
Application to strike out objection to remuneration is dismissed.
Legal Topics
["liquidators' Remuneration" 'objection to Remuneration' 'misconduct Allegations' 'court Procedure for Assessment of Remuneration' 'remedies for Breach of Duty by Liquidator']
['corporations Law'] ["liquidators' Remuneration" 'objection to Remuneration' 'misconduct Allegations' 'court Procedure for Assessment of Remuneration' 'remedies for Breach of Duty by Liquidator']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application in Winding Up Proceedings / Interlocutory Application to Strike Out Objection to Liquidator's Remuneration

Legal Issues

  1. 1 ["Whether, in determining the liquidator's remuneration under s.473(3)(b)(ii) of the Corporations Act, the court may consider alleged misconduct or breach of duty by the liquidator." 'Whether objections to remuneration based on such grounds can be struck out or must be considered as part of the remuneration assessment.']

Ratio Decidendi

Allegations of misconduct or breach of duty by a liquidator may be considered by the court when determining the liquidator's remuneration under s.473(3)(b)(ii) of the Corporations Act and should not be struck out as irrelevant; such allegations must, however, be established on evidence, and the remuneration procedure should accommodate a bifurcated process addressing both normal quantification and any proven misconduct.

Court Disposition

Application to strike out objection to remuneration is dismissed.

Orders

  • ["Application to strike out paragraphs 1 and 2 of Mrs Anderson's notice of objection is dismissed." "Parties to attempt to agree short minutes of orders and directions to implement a bifurcated regime for determination of Mr Mann's remuneration, with allocated timeframes for agreement or submission of competing...