OPD Pty Ltd t/a Alpha Builders in liquidation v Harvey

[2011] QCATA 185

CITATION:	OPD Pty Ltd t/a Alpha Builders in liquidation
v Harvey [2011] QCATA 185

PARTIES:	OPD Pty Ltd t/a Alpha Builders in liquidation
v
Mr Kenneth Robert Harvey

APPLICATION NUMBER:   BDL311 - 10

MATTER TYPE: Building matters

HEARING DATE:     11 July, 2011

HEARD AT:  Brisbane 

DECISION OF:  Ann Fitzpatrick Member

DELIVERED ON: 11 July, 2011

DELIVERED AT:      Brisbane

ORDERS MADE:

The application is dismissed. The cross application is dismissed.

CATCHWORDS :  Building dispute - applicant in liquidation - section 500(2) Corporations Act 2001 (Cth)

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	No appearance
RESPONDENT:	Mr Kenneth Harvey

REASONS FOR DECISION

1. This matter was called on for hearing on 11 July, 2011.
2. The Tribunal was advised on 24 November, 2010 that Mr Raj Khatri, of Worrells, Accountants, was appointed Liquidator of OPD Pty Ltd on 2 November, 2010 by resolution for voluntary winding up made on 2 November, 2011.
3. There was no appearance at the hearing by the liquidator.
4. The respondent and cross applicant, Mr. Harvey informed the Tribunal that he had not sought leave and did not intend to seek leave of a Court to proceed with his cross application pursuant to section 500(2) of the Corporations Act 2001 (Cth).
5. On this basis I order that the application be dismissed and that the cross application be dismissed.