Day, Kenneth Leonard v Mount, Michael Jaunay [1984] FCA 88

Day, Kenneth Leonard v Mount, Michael Jaunay [1984] FCA 88

A provisional liquidator is not disentitled to remuneration solely on the basis that the winding-up petition was dismissed; entitlement accrues during valid appointment, and court retains power to make relevant orders thereafter.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 April 1984
Procedural Posture
Appeal / Post Judgment
Outcome
Appeal dismissed (subject to variations)
Legal Topics
['winding Up' 'provisional Liquidator' 'remuneration' 'dismissal of Petition' 'court Powers']
['corporate Law'] ['winding Up' 'provisional Liquidator' 'remuneration' 'dismissal of Petition' 'court Powers']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Judgment

Legal Issues

  1. 1 ['Whether the provisional liquidator is entitled to remuneration after the winding-up petition has been dismissed' "Whether the provisional liquidator's appointment becomes ineffective ab initio due to petition dismissal" "Court's power to make orders regarding provisional liquidator's remuneration after petition dismissal"]

Ratio Decidendi

A provisional liquidator is not disentitled to remuneration solely on the basis that the winding-up petition was dismissed; entitlement accrues during valid appointment, and court retains power to make relevant orders thereafter.

Court Disposition

Appeal dismissed (subject to variations)

Orders

  • ['Declaration that the provisional liquidator is not disentitled to remuneration by reason only of the dismissal of the petition.' "Appellant's summons dated 2 August 1983 adjourned to date to be fixed." "Order of Supreme Court (28 October 1983) for applicant to pay provisional liquidator's costs set aside." 'Costs...