Carr v Darren Berry International Marine Pty Ltd (No 1) [2013] FCA 1150

Carr v Darren Berry International Marine Pty Ltd (No 1) [2013] FCA 1150

Appointment of provisional liquidators was warranted due to the strong prospect of a winding up order, presumption of insolvency, significant risk of asset dissipation, and impracticality of ordinary procedure given potential fraud and asset mobility.

Jurisdiction
Australia
Judgment Date
05 November 2013
Procedural Posture
Corporations – Winding Up Application / Application for Appointment of Provisional Liquidator, Ex Parte
Outcome
Provisional liquidators appointed ex parte to the first defendant.
Legal Topics
['appointment of Provisional Liquidator' 'winding Up Proceedings' 'statutory Demand' 'insolvency' 'balance of Convenience']
['corporations'] ['appointment of Provisional Liquidator' 'winding Up Proceedings' 'statutory Demand' 'insolvency' 'balance of Convenience']

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Procedural Posture

Corporations – Winding Up Application / Application for Appointment of Provisional Liquidator, Ex Parte

Legal Issues

  1. 1 ['Whether provisional liquidators should be appointed to the first defendant' 'Whether there is a risk assets are being dissipated warranting urgent appointment' 'Whether the balance of convenience supports ex parte orders']

Ratio Decidendi

Appointment of provisional liquidators was warranted due to the strong prospect of a winding up order, presumption of insolvency, significant risk of asset dissipation, and impracticality of ordinary procedure given potential fraud and asset mobility.

Court Disposition

Provisional liquidators appointed ex parte to the first defendant.

Orders

  • ['Mr Darren John Vardy and Mr Terry Grant van der Velde appointed joint and several provisional liquidators of Darren Berry International Marine Pty Ltd.']