Johnson Winter & Slattery in the matter of Firepower Operations Pty Ltd (No 2) [2008] FCA 1228

Substantial and immediate funding support for a liquidator is a decisive factor where impartiality concerns are not substantiated and where alternative nominees lack present funding; therefore, Bryan Kevin Hughes was appointed liquidator of Firepower Operations Pty Ltd.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 13 August 2008
Procedural Posture: Corporate Insolvency Proceedings / Judgment and Orders Following Winding Up Application
Outcome: Defendant company wound up in insolvency; Bryan Kevin Hughes appointed as liquidator; certain interlocutory processes dismissed; costs ordered as specified.
Legal Topics: ['appointment of Liquidator' 'funding for Liquidator' 'impartiality of Liquidator' 'voluntary Administration' 'creditor Interests']

['corporations Law' 'insolvency'] ['appointment of Liquidator' 'funding for Liquidator' 'impartiality of Liquidator' 'voluntary Administration' 'creditor Interests']

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Procedural Posture

Corporate Insolvency Proceedings / Judgment and Orders Following Winding Up Application

Legal Issues

1 ['Who should be appointed as liquidator: nominee of substituted plaintiff or of voluntary administrators' 'Impartiality and funding of liquidator' 'Perception of bias in liquidator selection']

Ratio Decidendi

Court Disposition

Defendant company wound up in insolvency; Bryan Kevin Hughes appointed as liquidator; certain interlocutory processes dismissed; costs ordered as specified.

Orders

['Firepower Operations Pty Ltd (ACN 112 064 549) be wound up in insolvency under Part 5.4 of the Corporations Act 2001 (Cth).' 'Bryan Kevin Hughes of Pitcher Partners, Perth, appointed liquidator of the Company.' 'Interlocutory processes filed by specified parties dismissed.' "Costs of Robert John Boylan's...

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