Higgins v JSS Logistics Pty Ltd (in liq) [2022] FCA 1320

Higgins v JSS Logistics Pty Ltd (in liq) [2022] FCA 1320

The remuneration claimed by the provisional liquidators for work undertaken in the provisional liquidation of JSS Logistics Pty Ltd was reasonable and supported by evidence, all procedural requirements for notification and affidavit evidence were met, objections were absent, and the application was properly dealt...

Source-derived case information.

Parties
Plaintiff: Sarah Jonine Higgins (also known as Sarah Jonine Stewart); First Defendant: JSS Logistics Pty Ltd (in liq) (ACN 134 369 761); Second Defendant: James Laurence Stewart; Interested Party: Gregory Bruce Dudley and Jerome Hall Mohen as joint and several liquidators of JSS Logistics Pty Ltd (in liq) (ACN 134 369 761)
Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Corporations Application for Approval of Provisional Liquidators' Remuneration / Interlocutory Application, Determination of Remuneration
Outcome
Remuneration of provisional liquidators approved in full; other orders as set out.
Legal Topics
Remuneration of Provisional Liquidators, Procedural Requirements for Remuneration Applications
Corporations Law Insolvency Remuneration of Provisional Liquidators Procedural Requirements for Remuneration Applications

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Parties

Sarah Jonine Higgins (also known as Sarah Jonine Stewart)

Plaintiff

JSS Logistics Pty Ltd (in liq) (ACN 134 369 761)

First Defendant

James Laurence Stewart

Second Defendant

Gregory Bruce Dudley and Jerome Hall Mohen as joint and several liquidators of JSS Logistics Pty Ltd (in liq) (ACN 134 369 761)

Interested Party

Procedural Posture

Corporations Application for Approval of Provisional Liquidators' Remuneration / Interlocutory Application, Determination of Remuneration

Legal Issues

  1. 1 Whether the procedural requirements for approval of provisional liquidators’ remuneration have been satisfied
  2. 2 Whether the amount of remuneration claimed by the provisional liquidators is reasonable

Ratio Decidendi

The remuneration claimed by the provisional liquidators for work undertaken in the provisional liquidation of JSS Logistics Pty Ltd was reasonable and supported by evidence, all procedural requirements for notification and affidavit evidence were met, objections were absent, and the application was properly dealt with in the absence of the public. Therefore, the Court approved the remuneration in the amount sought.

Court Disposition

Remuneration of provisional liquidators approved in full; other orders as set out.

Orders

  • The application is dealt with in the absence of the public and without any attendance by, or on behalf of, the provisional liquidators.
  • Remuneration of Gregory Bruce Dudley and Jerome Hall Mohen as provisional liquidators for the period 2 February 2022 to 12 April 2022 is approved in the sum of $120,650.00 (excluding GST).