In the matter of Gavin Frederick Critchon Thomas and others and the Corporations Act 2001 [2013] NSWSC 2016

In the matter of Gavin Frederick Critchon Thomas and others and the Corporations Act 2001 [2013] NSWSC 2016

The Court has the jurisdiction to fill vacancies in the office of a court-appointed liquidator or receiver arising from resignation, may authorise the continuing liquidator or receiver to act alone, and may, under appropriate statutory provisions, extend the time for lodgement of accounts where it does not cause injustice and facilitates efficiencies for creditors.

Parties
First Plaintiff: Gavin Frederick Critchon Thomas; Second Plaintiff: David Michael Morgan; Third Plaintiff: Mark Damien Roufeil
Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Interlocutory Application / Application for Orders Upon Resignation of Liquidator and Replacement Appointments
Outcome
Orders made as sought with modifications
Legal Topics
Liquidators, Winding Up, Resignation of Liquidator, Appointment of Liquidator, Receivership, Extension of Time for Lodgement of Accounts
Corporations Law Liquidators Winding Up Resignation of Liquidator Appointment of Liquidator Receivership Extension of Time for Lodgement of Accounts

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Parties

Gavin Frederick Critchon Thomas

First Plaintiff

David Michael Morgan

Second Plaintiff

Mark Damien Roufeil

Third Plaintiff

Procedural Posture

Interlocutory Application / Application for Orders Upon Resignation of Liquidator and Replacement Appointments

Legal Issues

  1. 1 Whether the Court has jurisdiction to make orders to fill vacancies arising upon resignation of a liquidator or receiver
  2. 2 Whether a remaining jointly appointed liquidator or receiver may continue as sole liquidator or receiver
  3. 3 Whether to extend the period for lodgement of liquidator's accounts and statements

Ratio Decidendi

The Court has the jurisdiction to fill vacancies in the office of a court-appointed liquidator or receiver arising from resignation, may authorise the continuing liquidator or receiver to act alone, and may, under appropriate statutory provisions, extend the time for lodgement of accounts where it does not cause injustice and facilitates efficiencies for creditors.

Court Disposition

Orders made as sought with modifications

Orders

  • Mr Thomas is granted leave to resign as liquidator and receiver of specified companies and trusts.
  • Mr Morgan is appointed as liquidator of specified companies coincident with Mr Thomas' resignation.