Bowie v. TRAWQ Community Council Inc

[2007] QSC 248

[2007] QSC 248

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 351 of 2007

ELLA BOWIE	Applicant
and
TRAWQ COMMUNITY COUNCIL INC	Respondent

CAIRNS

..DATE 03/08/2007

JUDGMENT

HIS HONOUR:  This is an application for the appointment of a provisional liquidator to the Trawq Community Council Inc. an incorporated association under the provisions of the Incorporated Associations Act 1981. 

The circumstances in which the council finds itself is that it is unable to pay its debts, which on one part of the evidence as indicated to me, are as high as $600,000.  Further to that some members of the council experienced in financial management have resigned.  Beyond that again other members of the council have expressed a wish in correspondence to the Court that the Council be wound up. 

It is clear beyond doubt that the Council cannot continue to operate in the circumstances in which it now finds itself, and it seems, relying on the just and equitable ground referred to in section 90(1)(e) of the Act, that the association should be wound up.  

...

HIS HONOUR:  What is sought from today's proceedings is the appointment of a provisions liquidator, and in this respect Gerard John Mier and Anthony James Jonsson have agreed to fill that office.  Given the circumstances it is appropriate that I make the order for the appointment of the provisional liquidators in the names of those gentlemen.

I make orders in terms of the draft which is now produced and shown to me and placed with the papers.‑‑‑‑‑