In the matter of Richard James Porter and David Ian Mansfield. [2012] NSWSC 220

In the matter of Richard James Porter and David Ian Mansfield. [2012] NSWSC 220

It is appropriate for the Court to order that, upon the resignation of Mr Porter as liquidator or deed administrator of the relevant companies, Mr Mansfield be appointed in his place pursuant to the relevant sections of the Corporations Act, specifying a date for the transition, and granting any necessary leave under s 532(2) for claims exceeding $5,000 for costs/disbursements.

Parties
Plaintiff: Richard James Porter; Plaintiff: David Ian Mansfield
Jurisdiction
Australia
Judgment Date
13 March 2012
Procedural Posture
Corporations Winding Up/administration / Application for Orders Replacing Liquidator/administrator
Outcome
Orders will be made for appointment of Mr Mansfield as liquidator/administrator upon resignation of Mr Porter, with instructions for parties to bring in short minutes of order to give effect to the judgment.
Legal Topics
Winding Up, Replacement of Liquidator, Replacement of Administrator
Corporations Law Insolvency Winding Up Replacement of Liquidator Replacement of Administrator

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Parties

Richard James Porter

Plaintiff

David Ian Mansfield

Plaintiff

Procedural Posture

Corporations Winding Up/administration / Application for Orders Replacing Liquidator/administrator

Legal Issues

  1. 1 Should the Court grant orders for the replacement of Mr Porter by Mr Mansfield as liquidator and deed administrator in respect of certain companies upon the resignation of Mr Porter?
  2. 2 What is the appropriate statutory mechanism and order for effecting such replacements?

Ratio Decidendi

It is appropriate for the Court to order that, upon the resignation of Mr Porter as liquidator or deed administrator of the relevant companies, Mr Mansfield be appointed in his place pursuant to the relevant sections of the Corporations Act, specifying a date for the transition, and granting any necessary leave under s 532(2) for claims exceeding $5,000 for costs/disbursements.

Court Disposition

Orders will be made for appointment of Mr Mansfield as liquidator/administrator upon resignation of Mr Porter, with instructions for parties to bring in short minutes of order to give effect to the judgment.

Orders

  • Appointment of Mr Mansfield as liquidator/administrator of relevant companies upon Mr Porter's resignation, to take effect on a specified date.
  • Grant of leave under s 532(2) Corporations Act for appointment of Mr Mansfield notwithstanding costs/disbursement claims exceeding $5,000.