In the matter of St Gregory's Armenian School (in liq) [2012] NSWSC 1215

In the matter of St Gregory's Armenian School (in liq) [2012] NSWSC 1215

No conduct by the liquidator amounted to a lack of impartiality, objectivity, or competence; commercial decisions were reasonably made; applicants' allegations of impropriety, lack of diligence, or conversion of chattels were not substantiated; removal, inquiry, and leave to sue are all unjustified on the evidence.

Jurisdiction
Australia
Judgment Date
09 October 2012
Procedural Posture
Interlocutory Application / Hearing and Determination of Interlocutory Process for Removal of Liquidator, Application for Inquiry, and Leave to Sue Liquidator
Outcome
Interlocutory process for removal of liquidator dismissed, with costs; application for inquiry into liquidator's conduct dismissed; leave to sue liquidator refused.
Legal Topics
['removal of Liquidator' 'external Administration' 'impartiality and Conduct of Liquidators' "application for Inquiry Into Liquidator's Conduct" 'leave to Sue Liquidator for Damages' 'proof of Debt in Liquidation' 'conversion of Chattels in Liquidation']
['corporations Law' 'insolvency' 'equity'] ['removal of Liquidator' 'external Administration' 'impartiality and Conduct of Liquidators' "application for Inquiry Into Liquidator's Conduct" 'leave to Sue Liquidator for Damages' 'proof of Debt in Liquidation' 'conversion of Chattels in Liquidation']

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Procedural Posture

Interlocutory Application / Hearing and Determination of Interlocutory Process for Removal of Liquidator, Application for Inquiry, and Leave to Sue Liquidator

Legal Issues

  1. 1 ["Whether there is 'cause shown' for the removal of the liquidator under Corporations Act s 473" "Whether an inquiry into the liquidator's conduct should be ordered under Corporations Act s 536" 'Whether leave to sue the liquidator for damages for conversion should be granted']

Ratio Decidendi

No conduct by the liquidator amounted to a lack of impartiality, objectivity, or competence; commercial decisions were reasonably made; applicants' allegations of impropriety, lack of diligence, or conversion of chattels were not substantiated; removal, inquiry, and leave to sue are all unjustified on the evidence.

Court Disposition

Interlocutory process for removal of liquidator dismissed, with costs; application for inquiry into liquidator's conduct dismissed; leave to sue liquidator refused.

Orders

  • ['The Interlocutory Process is dismissed, with costs.']