Nissan Motor Co (Australia) Pty Ltd v HiRide Pty Ltd (in liq), in the matter of HiRide Pty Ltd (in liq) [2021] FCA 599
Prudence required intervention to immediately replace the liquidator given the circumstances, particularly where the applicant was the only known creditor and the current liquidator neither consented to nor opposed the replacement. It was appropriate and in the interests of the company and its creditors to make the order immediately under s 90-15(1).
- Jurisdiction
- Australia
- Judgment Date
- 01 June 2021
- Procedural Posture
- Application / Judgment on Interlocutory Application
- Outcome
- Application granted
- Legal Topics
- ['liquidation' 'replacement of Liquidator']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Judgment on Interlocutory Application
Legal Issues
- 1 ['Whether the court should remove and replace the incumbent liquidator on an urgent basis under s 90-15(1) of Schedule 2 to the Corporations Act 2001 (Cth)']
Ratio Decidendi
Prudence required intervention to immediately replace the liquidator given the circumstances, particularly where the applicant was the only known creditor and the current liquidator neither consented to nor opposed the replacement. It was appropriate and in the interests of the company and its creditors to make the order immediately under s 90-15(1).
Court Disposition
Application granted
Orders
- ["The Plaintiff's Originating Process filed 31 May 2021 is to be made returnable instanter." 'Matthew Gollant is removed as liquidator of HiRide Pty Ltd (in liquidation) and Sule Arnautovic is appointed as liquidator in his place.' 'There be no order as to costs in relation to this application.']
Full Case Text
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