In the matter of the Resignation of John Frederick Lord and the companies listed in the Schedules of the Originating Process

[2011] NSWSC 917

Supreme Court

New South Wales

Medium Neutral Citation:	In the matter of the Resignation of John Frederick Lord and the companies listed in the Schedules of the Originating Process [2011] NSWSC 917
Hearing dates:	15 August 2011
Decision date:	15 August 2011
Jurisdiction:	Equity Division - Corporations List
Before:	Hammerschlag J
Decision:	Orders made in accordance with the document entitled Orders
Catchwords:	CORPORATIONS - liquidator intending to retire as insolvency practitioner and resign appointments - orders made to fill the vacancy and having the effect of extending or abridging the period for filing of reports under s 539(1) of the Corporations Act 2001 (Cth) to avoid duplication of reports
Legislation Cited:	Supreme Court (Corporations) Rules 1999 (NSW) Corporations Act 2001 (Cth)
Cases Cited:	Emerton Pty Limited v Referral Marketing Services Pty Ltd & ors [2009] NSWSC 738
Category:	Principal judgment
Parties:	John Frederick Lord - First Plaintiff Atle Crowe-Maxwell - Second Plaintiff
Representation:	Counsel: S.M. Golledge - Plaintiff Solicitor: Macpherson & Kelley Lawyers
File Number(s):	2011/239574

EX TEMPORE Judgment

1. HIS HONOUR: Mr John Frederick Lord is a registered liquidator of long standing. He holds appointments as liquidator in Court ordered windings up, creditors' voluntary windings up and members' voluntary windings up. He is a partner of the accounting firm PKF. He is to resign as a partner on 31 October 2011 and intends to cease practising as an insolvency practitioner. He ceased accepting appointments as an external administrator on 30 April 2011. He intends to resign as liquidator of all companies in which he holds appointments. These are set out in the schedule to his affidavit in these proceedings sworn 11 August 2011.

1. Mr Atle Crowe-Maxwell too is a registered liquidator. He has consented to fill the vacancies. In a number of cases Mr Crowe-Maxwell holds joint and several court appointments with Mr Lord. In those he will continue as sole liquidator. In the remainder he has consented to accept appointment.

1. By Amended Originating Process filed today, orders are sought which will facilitate a changeover and which will take effect upon Mr Lord filing with the Registrar and lodging with ASIC memoranda of resignation in accordance with r 7.1 of the Supreme Court (Corporations) Rules 1999 (NSW). Through counsel, Mr Lord has undertaken to file those memoranda by 22 August 2011.

1. Also sought are orders having the effect of extending or abridging the period for filing reports under s 539(1) of the Corporations Act 2001 (Cth) to avoid duplication of reports. This course was taken by Brereton J in Emerton Pty Limited v Referral Marketing Services Pty Ltd [2009] NSWSC 738. I intend to follow that course.

1. I make orders in accordance with the document entitled Orders which I have initialled, dated today's date and placed with the papers. These orders are to be entered forthwith.

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Decision last updated: 18 August 2011