QBE Workers Compensation v M & M Bridgman [2006] NSWSC 501

QBE Workers Compensation v M & M Bridgman [2006] NSWSC 501

Leave is granted to the liquidator to appoint himself and his partner as joint and several voluntary administrators on an ex parte basis, as this course best serves the underlying principles of voluntary administration and the costs of notification are not justified in the circumstances.

Parties
Plaintiff: QBE Workers Compensation (NSW) Ltd; Defendant: M & M Bridgman Pty Ltd (in liq); Applicant (liquidator): John Frederick Lord; Applicant (proposed Administrator): Atle Crowe-Maxwell
Jurisdiction
Australia
Judgment Date
25 May 2006
Procedural Posture
Corporations Winding Up/voluntary Administration / Interlocutory Application for Leave by Liquidator to Appoint Voluntary Administrators (ex Parte)
Outcome
Leave granted for liquidator to appoint himself and his partner as joint and several administrators; orders made as per short minutes of order.
Legal Topics
Voluntary Administration, Liquidator's Powers, Creditors' Notice Requirements
Corporations Law Voluntary Administration Liquidator's Powers Creditors' Notice Requirements

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Parties

QBE Workers Compensation (NSW) Ltd

Plaintiff

M & M Bridgman Pty Ltd (in liq)

Defendant

John Frederick Lord

Applicant (liquidator)

Atle Crowe-Maxwell

Applicant (proposed Administrator)

Procedural Posture

Corporations Winding Up/voluntary Administration / Interlocutory Application for Leave by Liquidator to Appoint Voluntary Administrators (ex Parte)

Legal Issues

  1. 1 Whether the liquidator should be granted leave to appoint himself and his partner as joint and several voluntary administrators under s 436B of the Corporations Act 2001 (Cth)
  2. 2 Whether notice to creditors should be required before determining the application

Ratio Decidendi

Leave is granted to the liquidator to appoint himself and his partner as joint and several voluntary administrators on an ex parte basis, as this course best serves the underlying principles of voluntary administration and the costs of notification are not justified in the circumstances.

Court Disposition

Leave granted for liquidator to appoint himself and his partner as joint and several administrators; orders made as per short minutes of order.

Orders

  • Leave granted for the liquidator to appoint himself and his partner as voluntary administrators under s 436B of the Corporations Act 2001 (Cth).