5 Sept 2019
The Court found the s 250 criteria were satisfied — creditors were paid or had consented or been provided for, liquidators' costs were paid or secured, shareholders (via Riverglade) consented and would not be worse off, and there were no public interest concerns — and therefore ordered termination of the liquidation.
18 Jul 2018
The sole director, Aaron Carl Drever, failed to keep adequate accounting records, intermingled funds and caused substantial uncertainty and impediment to the winding up; accordingly, under s 300 the Court declared him personally liable for the company's debts, inclusive of net liquidator's costs, in the sum of $489,729.34.
28 Jun 2018
Given the appellants had made real endeavours, the third appellant's significant ill‑health contributed materially to delay, the proposed appeal was not shown to be hopeless, and respondents held the judgment sum in trust, the Court exercised its discretion to grant a final extension to file the case on appeal and seek allocation by 26 July 2018 subject to strict filing requirements and the consequence that failure to comply would result in deemed abandonment and automatic strike out.
20 Nov 2015
No costs were awarded: there is no appropriate basis to award costs for the s 266 examination itself and a self‑represented, non‑lawyer liquidator who prosecutes proceedings in his own name is not entitled to an award of costs; minor costs for a single mention were refused because applicant's conduct caused delay; consequently costs lie where they fall.
6 May 2011
The plaintiff satisfied the onus under r12.2 by establishing the written guarantees were valid, the defendants advanced no arguable defence to liability or quantum on the guaranteed BFL and BML accounts, and therefore summary judgment is appropriate against the first defendant and the third defendants for the specified guaranteed amounts.
22 Aug 2007
Banking of the cheque did not create an accord and satisfaction because the liquidators had clearly rejected the directors' conditional offer prior to banking; therefore the liquidators were entitled to have their claimed costs of $7,105.37 sealed as a judgment.
10 Mar 2006
The liquidator is entitled to costs calculated on the 2B scale but any 2B award must not exceed the actual legal costs paid by the liquidator; accordingly the applicant was ordered to pay $9,521.60 (two-thirds of actual costs paid).