9 Mar 2009
The shareholders' purported appointment on 3 March 2009 was invalid because it fell outside the 10 working day period permitted by s241AA of the Companies Act 1993, and under s284 the Court may declare such appointments invalid; accordingly the appointment was declared not valid.
2 Aug 2007
Section 282 requires a written consent; the consenting signatures of both intended liquidators were in existence by 26 June 2007 and were unconditional, and because s 282 does not require a date/time the consent was valid and the company's shareholders' resolution of 2 July 2007 placed the company in liquidation as of that date; the Commissioner's challenge to the appointment was unfounded.
28 Nov 2006
The Court declined to appoint a liquidator under s 241 because a purported liquidator had already been appointed by shareholders and the validity and status of that appointment must be resolved in separate proceedings before the Court will exercise its discretion to appoint a subsequent liquidator.
19 Oct 2006
The Commissioner had standing and leave was warranted because there was material uncertainty and an arguable case that assets may have been put beyond creditors' reach and the current liquidator had taken no investigative steps; the annotated resolution and timing of the liquidator's written consent created sufficient uncertainty to render the appointment of Mr Brannigan invalid under s 284(1)(g).