Abode P/L (in liquidation) & Ors. Ex parte Rangott, W.B.
[1993] FCA 281
•15 Apr 1993
281 /le\q3
JUDGMENT No. ........ ........ ., ........ ....
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY)
GENERAL DIVISION 1
Re :
ABODE PTY LIMITED fin liauidationl AND THOSE OTHER COMPANIES WHOSE
N A ~ s APPEAR IN TRE SCAEDULE ANNEXED TO THE
APPLICATION HEREINThe Companies
Ex Parte:
WII&IAM BALFOUR RANGOTT and MVID WILLIAH SISTRON
The Applicants
EX TEMPORE JUDGMENT
EINFELD $ SYDNEY 15 APRIL 1993 This is an application under the Corporations Law for the appointment of a liquidator to a number of companies listed in the schedule to the application. The schedule is divided into three sections, the first of which contains a number of companies which have been put into liquidation by a Court. The Court numbers given to each of these liquidations are supplied for all matters except Maddox Constructions Pty Limited (bottom of page 2) and three companies added in handwriting (end of page 4). For all the companies in the first section, it appears that the Court exercised power under section 472(1) of the Corporations Law, at dates in the past listed in the schedule, by appointing David
William Sistrom as liquidator. Mr Sistrom's affidavit filed in these proceedings on 25 March 1993 advises that he seeks to be taken as having resigned as liquidator of these companies by
reason of ill-health.For the companies in the first part of the schedule, this may be taken to be a resignation under section 473(1) of the Corporations Law. In such circumstances subsection (7) of that section mandates the Court to fill the vacancies thereby created in the office of liquidator of those companies. There is no power and no requirement that the resignation be accepted but there is an obligation to appoint a liquidator to fill the vacancies caused by the resignation. Pursuant to section 473(7)
I appointwilliam Balfour Rangott, an official liquidator, to be the liquidator of each of the companies in the first part of the
schedule.The second part of the schedule contains a list of companies described as having gone into liquidation by way of a creditors' voluntary winding up. This is provided for by Division 3 of Chapter 5 of the Corporations Law. One of the companies listed
Ltd, appears to have gone into liquidation via court proceedings in this part of the schedule, namely, Investments Associates Pty No 339 of 1990 conducted in the New South Wales Supreme Court but presumably the liquidator was appointed by or on behalf of the creditors. In such circumstances, section 499(5) makes provision that if a liquidator resigns, the creditors may fill the vacancy and may for that purpose convene a meeting of creditors. However, section 502 makes provision "that if from any cause
there is no liquidator acting the Court may appoint a
liquidator".It is this power which is sought to be activated in relation to the companies in the second part of the schedule. With M r Sistrom's resignation, I find that there is no liquidator acting
in relation to those companies. In accordance with section 502, I appoint William Balfour Rangott to be the liquidator of those companies including the one which was the subject of the Supreme Court proceedings to which I have referred.
The third part of the schedule deals with companies which have been subject to what are known as members' voluntary windings up provided for in Division 2 of Chapter 5 of the Corporations Law. This has a similar provision for filling vacancies in the office of liquidator as applies to such vacancies in creditors' voluntary windings up. Section 495 ( 3) provides that if a vacancy occurs in the office of liquidator by resignation, the company in general meeting may appoint a substitute liquidator and fix
the remuneration. Such a general meeting may be convened, as the subsection says: . .. by any contributory or, if there were 2 or more
liquidators, by the continuing liquidators.
Once again section 502 is called in aid to enable the Court to appoint a liquidator where no liquidator is acting. In all the cases set out in the third part of the schedule of which Mr Sistrom was the liquidator, I declare that there is a vacancy in the office of liquidator consequent upon Mr Sistrom's resignation. In his place I appoint William Balfour Rangott as the liquidator of the companies.
The following orders and directions will apply to these appointments:
1. In accordance with the powers of the Court under Order 1 rule 8, I dispense with the apparent requirement of Order 71 rule 53 combined with other rules of the Federal Court that these applications and the accompanying affidavits be served on the companies' creditors or members respectively.
2. Within six weeks after these orders are signed and sealed I direct that William Balfour Rangott notify the creditors of the companies in the first and second parts of the schedule and the creditors and members of the companies in the third part of the schedule:
(a) of the resignation of Mr Sistrom and the appointment
of Rangott as liquidator of the companies concerned; and
(b)
that all such creditors and members have leave to apply to the Court for any variation of these orders within 28 days after notice thereof has been received by them.
These notifications are to be provided in one of two ways, either:
(i) in writing sent to each creditor and member at the last known address: or
(ii)by publication once in what Order 71 rule 104(l)(b) describes as a prescribed newspaper circulating
I generally in each state or territory in which the ! company concerned carried on business. Otherwise I dispense with the need to comply with Order 71 rule 104. 3. I dispense with compliance with Order 71 rules 53(6) and 54(2) in relation to each of the companies set out in exhibit 1.
RECORDED : NOT TRANSCRIBED
4. There will be liberty to apply generally.
(a)
Liberty to add any other companies later ascertained to be in the same position as those set out in exhibit
1 may in the first place be exercised by bringing to
the attention of a registrar of the Court the name and
details of the additional company.
(b)
Should the registrar have power or require delegation from me to deal with the matter, it may be dealt with by the registrar at that stage without further application to the Court unless in the registrar's opinion the matter is of such importance, difficulty or controversy that a Judge's attention should be drawn to it before any order is made.
(c)
Should the registrar not have power to deal with the matter and not be able to obtain power by any act of delegation from me, the registrar may in the name of the applicants and the relevant companies bring the matter to my attention for an order to be made in chambers without further requirement of court proceedings.
I certify that t h ~ s and the $ve
preceding psges are a true copy of the Ressons for Judgment herein of his Honcur I
. . . - . . - . . . - . . - . -. - -. - - - -- - .- -.. -- . , . - - -- . %. . W*"
This page und tile fullowlng G pngcs c0111pribe IIIC annexure marked
referred to in the Appl icat io l~ made by I)AVIU WlLLlAM SlSTROM and
| .. | on the 18th day of March, 1993. |
DATE OF
ACN No. COMPANY ADMINISTRATION ADMINISTRATOR APPOINTMENT COURT NO. 008 524 169 Abode Ply Ltd D W Sistrom 008 587 433 Allmake Ply Ltd D W Sistrom 008 556 689 Ananlumul Ply Lld D W S~slrom Official Liquidalion D W Sistrom 003 395 800 Axondale Investments Ply Ltd Official Liquidation D W Sislrom 008 587 620 AC Mechanical Services Ply Lld Official Liquidation D W Sistrom 008 656 933 Ausluds Ply Ltd Official Liquidation D W Sistrom
b
| er: | 008 464 873 | ACT Pipelayers Pty Ltd | Off~cial | Liquidation | D W Sislrom |
| n, | < | 008 547 402 | M Mart Ply LW | Official Liquidation | D W Sislrom |
| I | 008 613 296 | Armak Productions Ply Ltd | Official Liquidation | D W Sistrom | |
| d | 008 585 251 | Benefit Plumbing Ply Ltd | Official Liquidation | D W Sislrom | |
| W | 008 633 190 | BMJ Concrete Pty Lld | Official Llquidation | D W Sislrom | |
| rl | |||||
| 3 | 008 659 676 | B M Constnrctions Ply Ltd | Official Liquidation | D W Sislrom | |
| D' | |||||
| W | Inc. Assoc. | Belconnen Lakeview Catholic Club Inc. | Official Liquidation | D W Sislrom | |
| I | |||||
| 2 | 008 575 264 | Blood Data Base (Ausl) Ply Ltd | Official Liquidation | D W Sistrom | |
| 008 637 554 | Benvenuti Ply Ltd | Official Liquidation | D W Sislrom | ||
| 008 562 561 | Brienn Ply Lld | Official Liquidation | D W Sislrom |
008 625 143 Cypash Ply Ltd Off~cial Liquidation D W Sislrom
008 626 551 Calears Butchery Ply Ltd Official Liquidation D W Sistrom 008 61 1 121 Casa Blanca Ply Ltd Official Liquidation D W Sistrom 000 009 969 Cameronics Technology Corporation Limited Official Liquidation D W Sistrom 008 623 032 Custom Waterbeds Ply Ltd Official Liquidation D W Sislrom 008 554 149 Canberra Chainsaw Centre Ply Ltd Official Liquidation D W Sislrom 008 567 039 Collage Enterprises Ply Ltd Official Liquidation D W Sislrom 008 588 592 Cox Enterprises Ply Ltd Official Liquidation D W Sislrom 008 624 431
Dysar Ply Ud Magno Construct10
Official Liquidation
D W Sislrom
Incorp. Assoc. Daramalan Football Official Liquidation D W Sistrom SC 863 OF 1991
008 572 389 Drainaway Pty Ltd . Official Liquidation D W Sistrom SC 498 OF 1990 008 590 207 Darniltell Pty Ltd Official Liquidation D W Sistrom SC 983 OF 1987 008 424 100 Dorstan Pty Ltd Official Liquidation D W Sistrom SC 1695 OF 1986 008 546 978 D u b lnsulat~on Service Pty Ltd Official Liquidation D W Sistrom SCE55 OF 1985 008 619 305 Enilit Pty Ltd Official Liquldation D W Sistrom SC 430 OF 1990
008 533 579 E & R Formwork Pty Ltd Official Liquidabon D W Slstrom SC 21 07 OF 1984 008 602 195 Fynedin Pty Ltd Official Liquidation D W S~strom SC 203 OF 1989 008 501 906 Fairway Irrigation Supplies Pty Ltd Official Liquidation D W Sistrom SC 672 OF 1989 008 614 186 French-Leigh International Piy Lto Ofticial Liquidation D W Slstrom SC 649 OF 1990 008 599 291 Falcon Homes Pty ttd Official Liquidation D W Sistrom SC 491 OF 1991 008 639 969 Fontrin Pty Ltd Official Liquidation D W Sistrom SC 202 OF 1991 008 584 272 Gallagher Discounts Pty Itd Official Liquidation D W Slstrom SC 1141 OF 1985 008 567 459 General Door Service Pty Ltd Official Liquidation D W Slstrom SC 330 OF 1991 008 533 382 F & R lannelli & Sons Pty Ltd Official Liquldation D W Sistrom SC 453 OF 1991 008 633 869 lannelli's Transport Pty Ltd Official Liquidation D W Sistrom SC 218 OF 1991 008 641 254 Junpod Pty Ltd Official Liquidation D W Sistrom SC 660 OF 1989 008 579 888 Jacaranda Electronics Pty Ltd Official Liquidation D W Sistrom SC 884 OF 1987 008 521 533 Jayanda Pty Ltd Official Liquidation D W Sistrom SC 956 OF 1988 008 578 014 J E Gardner Pty Ltd Official Liquidation D W Sistrom SC 4235 OF 1991
008 559 573 Javelle Pty Ltd Official Liquidation D W Sistrom SC 318 OF 1985 008 564 387 Klethy Pty Ltd Official LiquidaGon D W Sistrom SC 1850 OF 1983 008 632 899 Kobura Pty Lid Official Liquidabon D W S~strom SC 557 OF 1990 008 601 474 Lasobook Pty Ltd Official Liquidation D W Sistrom SC 267 OF 1991 008 654 500 Lipstix Pty Ltd Official Liquidation D W Sistrom SC 707 OF 1991 008 541 142 Lawrose Services Pty Ltd Official Liqu~dation D W Sistrom SC 955 OF 1988 008 587 602 Lalik Pty Ltd Officiel Liquidation D W Sistrom SC 100 OF 1992 008 555 226 Maddox Constructions Ply Ltd Official Liquidation D W Sistrom Unknown Official Liquidation D W Slstrom Magta Holdings Pty Official Liquidabon D W S~strom Marlynrose Pty Ltd Official Liquldation D W Sistrom Mascot Screens Ply Ltd Ofticial Llquidation D W Sistrom Minland Mining ~ i ~ t d Official Liquidation D W S~strom Monsross Pty Ltd Official L~quidation D W Sistrom Morono Pty Limited Officlal Liquidabon D W Sistrom Nabon Holdings Pty Ltd Officlal Liquidabon D W S~strom Noel Fletcher & Associates Official L~qu~dation D W Sistrom
Nlmmitabel Investments Pty Ltd Official Liquidation D W Sistrom Okra Pty Ltd Official Liquidabon D W S~strom Parklane Limousines Pty Ltd Official Liquidation D W Sistrom Parklane Pty Ltd Official Liquidation D W Sistrom Performance Equity Pty Ltd Officlal Liqu~dabon D W Sistrom Reinforced Concrete Services Pty Ltd Official Liquidation D W Sistrom Ramtal Pty Ltd Official L~quidation D W S~strom Redlngton Pty Ltd Official L~qu~dation D W Sistrom Ranatunga Pty Ltd Official Liqu~dabon D W Sistrom Rimpac Pty LM Official Liqu~dation D W Sistrom Rorika (ACT) Pty Ltd Official Liqu~dation D W Sistrom
Sargon Pty Ltd Official Liquidation D W Slstrom Stahc Pty Ltd Official Liquidation D W Sisbom Synergistics Pty Ltd Offic~al Liqu~dation D W Sletrom
Stirling Waterbeds Pty Ltd Official Liqu~dation D W Sistrom Srinab Pty Ltd Official Liquidation D W Sistrom Steeland Pty Ltd Officie! Liquidation D W Sistrom Scandla Homemakers Centre Pty Ltd Official Liquidation D W Sistrom Shinalong Pty Ltfl Official LiquidaRon D W Sistrom
Semaine Pty Ltd Official Liquidation D W Sistrom Tekin Australia Official Liquidation D W Slstrom Trucks Queanbeyan P Official Liquidation D W Sistrom Threadgold Pty Ltd Oflicial Liquidation D W S~strom Toner Recharge Pty Ltd Official Liqu~dation D W Sistrom
Travel Towers Aust Pty Ltd Officral Liquidatron D W Sistrom Toshln Pty Ltd Official Liquidation D W Slstrom Trax Records Pty Ltd Official Liquidabon D W Srstrom Vathsra Pty Ltd Official L~quidabon D W Sistrom Weetangera Enterprises Pty ?td Official Liquidabon D W Srstrom
Walty Pty Ltd Offic~al Liquidation D W Sistrom Waloung Pty Ltd Offic~al Liquidation D W Sistrom
Zozan Pty Ltd Official Liquidation D W Sistrom
| I | TYPE OF | DATE OF |
| , | ACNNo. | COMPANY | ADMINISTRATION | ADMINISTRATOR | APPOINTMENT | COURT NO. |
Akuna Holdings Creditors Voluntary D W Sistrom Not Applicable Aladdin Travel Pty Ltd Creditors Voluntary D W Sistrom Not Applicable The Animation Company Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Barrit Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Beranty Pty Ltd Creditors Voluntary D W Sistrom Not Applicable
Cond~tioned Air Pty Ltd Creditors Voluntary D W Sistrom Not Appllcable
Crancoll Enterprises Pty Itd Creditors Voluntary D W Sistrom Not Appllcable
Canberra C~ty Wholesale Pty Ltd Credltors Voluntary D W Sistrom Not Applicable Carcol Pty Litd Creditors Voluntary D W Sistrom Not Applicable Carglen Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Dyltim Pty Ltd Creditors Voluntary D W Sistrom Not Applicable
Elburz Holdings Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Hurlton Pty Ltd Creditors Voluntary D W Slstrom Not Applicable Huxtable Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Helkjowl Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Investments Associates Pty Ltd Creditors Voluntary D W Sistrom SC 339 OF 1990 Jaygang Pty Ltd Creditors Voluntary D W Sistrom Not Applicable
Kriselle Ply Ltd Creditors Voluntary D W Sistrom Not Appllcable Lapino Holdings Pty Ltd Creditors Voluntary D W Slstrom Not Appllcable M & F lnvesbnents Pty Ltd Credltors Voluntary D W Sistrom Not Applicable McDonell Hoclong Pty Ltd Creditors Voluntary D W Sistom Not Appllcable Nansa Holdings Pty Ltd Creditors Voluntary D W Sistrom Not Applicable North East Linehaul Pty Ltd Creditors Voluntary D W Slstrom Not Applicable P S & E Investments Pty Ltd Creditors Voluntary D W Sistrom Not Applicable Presor Pty Ltd Creditors Voluntary D W Sistrom Not Appllcable s S s S s s s S s s S s s S s
g g g g g g c e g g g g g g g g
o o o o o o o o o o o a o o o e G e q e q G q q q q - e q e 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 r A - W 0 N - - N - N 0 - 0 0 , 3
e e 2 e e e e e e e e e e e . 0 - 0 - - 0 0 0 0 0 0 ~ ~ ~ ~ m & w & o m q m . l m m I
& ~ a c o a & a a ~ & s c o a a & 4 N ~ O U ~ O m c o w o o c n
Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z i z2"2%2222"2z22% I I
i
SCHELKLE A - PART 3
0 0 0 0 0 0 0 0 0 0 0 0 0 0 p o o o o o q o o o o o o o o 0 o m m m m m m m o m ~ m t D m m P m O m m P W P m P P - m a o R m m o m o - m m ~ z
O 4 m O ~ P c n a - m O V P - 0
NEW SOUTH
l
I
i
0
0
0