Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380

Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380

Winding up is ordered due to established insolvency and absence of opposition; administrator Mr Woodgate is appointed liquidator given his prior work and with leave of the court as required by Corporations Act s 532(2)(c)(i), with no apprehension of possible conflict or inability to act independently.

Jurisdiction
Australia
Judgment Date
05 May 2011
Procedural Posture
Winding Up Application / Judgment on Winding Up and Appointment of Liquidator
Outcome
Winding up order made; administrator appointed as liquidator; costs awarded to plaintiff and Deputy Commissioner.
Legal Topics
['winding Up' 'insolvency' 'appointment of Liquidator']
['corporations'] ['winding Up' 'insolvency' 'appointment of Liquidator']

Case Brief

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Procedural Posture

Winding Up Application / Judgment on Winding Up and Appointment of Liquidator

Legal Issues

  1. 1 ['Whether the court should adjourn the winding up application due to existing administration.' 'Whether the defendant is insolvent under the Corporations Act 2001.' 'Who should be appointed as liquidator of the defendant company.' 'Whether the administrator who is also an officer can be appointed as liquidator with leave.']

Ratio Decidendi

Winding up is ordered due to established insolvency and absence of opposition; administrator Mr Woodgate is appointed liquidator given his prior work and with leave of the court as required by Corporations Act s 532(2)(c)(i), with no apprehension of possible conflict or inability to act independently.

Court Disposition

Winding up order made; administrator appointed as liquidator; costs awarded to plaintiff and Deputy Commissioner.

Orders

  • ['Order that Giles Geoffrey Woodgate have leave under s 532(2) of the Corporations Act 2001 to consent to be appointed, and to act as, liquidator of Perfume Empire Pty Ltd (ACN 108 883 325).' 'Order that Perfume Empire Pty Ltd be wound up in insolvency.' 'Order that Giles Geoffrey Woodgate be appointed liquidator of...