Onefone Australia Pty Limited v One.Tel Limited (in liquidation)
[2012] NSWSC 431
•27 April 2012
Supreme Court
New South Wales
Medium Neutral Citation: Onefone Australia Pty Limited & Ors v One.Tel Limited (in liquidation) & Ors [2012] NSWSC 431 Hearing dates: 23 April 2012 Decision date: 27 April 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Liquidator's remuneration referred to registrar for assessment and report to the Court - Orders for the payment of interim remuneration made contingent on an undertaking given by the special purpose liquidator to the Court.
Catchwords: CORPORATIONS - Winding up - Application by special purpose liquidator for claim to remuneration to be referred to registrar for assessment and quantification - Application for interim payment pending determination. Category: Interlocutory applications Parties: Onefone Australia Pty Limited (First Plaintiff)
DCA Resources Australia Pty Limited (Second Plaintiff)
Pacific Finance Group Pty Limited (Third Plaintiff)
Concept Systems (Australia) Pty Limited (Fourth Plaintiff)
One.Tel Limited (in liquidation) (First Defendant)
Steven Sherman (Second Defendant)
Peter Walker (Third Defendant)Representation: Counsel:
R. Glasson (Special Purpose Liquidator)
Solicitor:
O'Neill Partners (Special Purpose Liquidator)
File Number(s): 03/86446
Judgment - EX TEMPORE
I delivered judgment this morning in this matter indicating that, subject to the special purpose liquidator of One.Tel Limited (In Liquidation) giving two specified undertakings, I would make certain orders.
Mr Weston, the special purpose liquidator, has given the first of those undertakings in paragraph 45 of his affidavit sworn 20 April 2012, namely, an undertaking that, if an interim payment is made to him and the proper remuneration determined by the Court is less than that amount, he will repay so much of the amount paid to him as an interim payment, as it exceeds the amount so determined. Mr Weston has given the second of those undertakings by an undertaking dated 22 April 2012 as initialled by me and placed in the Court file.
On the basis of the two undertakings giving by Mr Weston, and noting those undertakings, I make the following orders:
1. There be referred to a Registrar, for assessment and quantification, the SPL's claim for unfunded remuneration for work done in the period of time 1 October 2011 to 9 March 2012.
2. The Registrar report to the Court constituted by a judge the total amount that would be the proper remuneration of the SPL claimed for the said work in the said period.
3. Pending the determination of the SPL's remuneration claim for work done in the said period, there be paid as remuneration of the SPL the sum of $131,029.33 plus GST (being the equivalent of two-thirds of the SPL's claim for the remuneration for the work done in the period 1 October 2011 to 9 March 2012).
4. The payment referred to in order 3 be paid out of the assets of One.Tel within 14 days of the making of this order.
5. The proper costs and expenses of the SPL in making this application be paid out of the assets of One.Tel.
In these orders:
One.Tel means One.Tel Limited (in liquidation) (ACN 068 193 153).
SPL means the special purpose liquidator of One.Tel, Paul Gerard Weston.
**********
Decision last updated: 07 May 2012
0
0
0