Dean-Willcocks (in his capacity as Liquidator of Austral Pacific Group Ltd (in liq)) [2004] NSWSC 1209

Dean-Willcocks (in his capacity as Liquidator of Austral Pacific Group Ltd (in liq)) [2004] NSWSC 1209

It is proper to appoint the Plaintiff as liquidator by order of the Court to facilitate claims against directors that may be indemnified by an insurance policy, in circumstances where the success of the claims and the insurer's response depend on the court appointment.

Jurisdiction
Australia
Judgment Date
25 November 2004
Procedural Posture
Application for Winding Up / Judgment
Outcome
Winding up orders made.
Legal Topics
['liquidators' 'voluntary Winding Up' 'court Appointed Winding Up' 'insolvent Trading Claims']
['corporations Law'] ['liquidators' 'voluntary Winding Up' 'court Appointed Winding Up' 'insolvent Trading Claims']

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Procedural Posture

Application for Winding Up / Judgment

Legal Issues

  1. 1 ['Whether a liquidator appointed in a voluntary winding up may be appointed by the Court to wind up in insolvency' 'Whether winding up orders should be made to allow indemnity under a Directors and Officers Insurance Policy']

Ratio Decidendi

It is proper to appoint the Plaintiff as liquidator by order of the Court to facilitate claims against directors that may be indemnified by an insurance policy, in circumstances where the success of the claims and the insurer's response depend on the court appointment.

Court Disposition

Winding up orders made.

Orders

  • ['Orders made in accordance with the Short Minutes of Order dated 25 November 2004, including reinstatement and winding up of Austral Pacific Group Ltd and Austral Pacific Group Purchasing Pty Ltd and appointment of Plaintiff as liquidator.']