9 Nov 2009
PETTERSON AS LIQUIDATOR OF KARA GROUP LTD (IN LIQUIDATION) V GATLEY AND ANOR HC AK CIV 2009-404-3117
- Citation
- openlaw-718f2904_54b6_482a_97c5_32c726194cdb.pdf
- Court
- High Court
The adjudicator's determination was vitiated because he incorporated his own fees and the liquidation status of the claimant into the substantive adjudication, thereby taking irrelevant considerations outside the exclusive matters under s45 CCA; accordingly the exercise of statutory power was invalid and the Court set the determination aside except as to the adjudicator's entitlement to costs, fixed at $4,000, and entered judgment for the liquidator against North for $30,000 with deferred payment.