In the matter of VPlus Superstores Pty Ltd (in liquidation); Southern Pacific Import and Export Pty Ltd (in liquidation); VPlus Supermarket (Gosford) Pty Ltd (in liquidation); VPlus Supermarket (Liverpool) Pty Ltd (in liquidation); VPlus Supermarket (Campsie) Pty Ltd (in liquidation) [2013] NSWSC 662

In the matter of VPlus Superstores Pty Ltd (in liquidation); Southern Pacific Import and Export Pty Ltd (in liquidation); VPlus Supermarket (Gosford) Pty Ltd (in liquidation); VPlus Supermarket (Liverpool) Pty Ltd (in liquidation); VPlus Supermarket (Campsie) Pty Ltd (in liquidation) [2013] NSWSC 662

The most expeditious and efficient course was to refer the remuneration claim to the Registrar now to determine the amount of remuneration properly payable without reference to objections raised by VPlus Holdings in the other proceedings; if those proceedings later succeed, the Court may adjust the remuneration, and if they fail, they will have no impact on the Registrar's determination.

Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Interlocutory Applications in the Equity Division Corporations List Concerning Liquidators' Remuneration in Winding Up / Application for Orders Fixing Remuneration or Referring Assessment to the Registrar
Outcome
Matter referred to Registrar to determine amount of remuneration properly payable, without reference to objections raised in the other proceedings.
Legal Topics
['winding Up' "liquidators' Remuneration" 'voluntary Administration' "creditors' Voluntary Liquidation" 'registrar Assessment' 'unsatisfactory Conduct by Liquidators']
['corporations' 'insolvency'] ['winding Up' "liquidators' Remuneration" 'voluntary Administration' "creditors' Voluntary Liquidation" 'registrar Assessment' 'unsatisfactory Conduct by Liquidators']

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Procedural Posture

Interlocutory Applications in the Equity Division Corporations List Concerning Liquidators' Remuneration in Winding Up / Application for Orders Fixing Remuneration or Referring Assessment to the Registrar

Legal Issues

  1. 1 ["Whether objections based on allegations of unsatisfactory conduct in other proceedings should prevent or defer assessment of the Applicants' remuneration." 'Whether the Registrar should determine the amount of remuneration properly payable without reference to objections raised in the other proceedings.' 'Whether allegations of breach of duty, serious failures or misconduct by liquidators may affect their entitlement to remuneration.']

Ratio Decidendi

The most expeditious and efficient course was to refer the remuneration claim to the Registrar now to determine the amount of remuneration properly payable without reference to objections raised by VPlus Holdings in the other proceedings; if those proceedings later succeed, the Court may adjust the remuneration, and if they fail, they will have no impact on the Registrar's determination.

Court Disposition

Matter referred to Registrar to determine amount of remuneration properly payable, without reference to objections raised in the other proceedings.

Orders

  • ['The matter is to be referred to the Registrar to determine the amount of remuneration properly payable without reference to the objections raised by VPlus Holdings in the other proceedings.' "Following the Registrar's report, the matter will be returned to the Corporations List for further determination." 'The...