ROBB & WILLIAMS

Case

[2010] FamCA 342

3 MAY 2010


Details
AGLC Case Decision Date
ROBB & WILLIAMS [2010] FamCA 342 [2010] FamCA 342 3 MAY 2010

CaseChat Overview and Summary

This matter concerned an application before Burr J concerning the liquidation of WR Consultants Pty Ltd. The dispute involved the distribution of remaining company funds and the apportionment of certain accounting fees between the parties.

The court was required to determine how the remaining funds of the company should be applied, specifically in relation to the fees of the liquidator, Mr N, and the amended account of P Accountants. Further issues included the apportionment of P Accountants' fees between the company and the wife, and the payment of outstanding rental debts owed to the company by both the husband and the wife.

Burr J ordered that the liquidator, Mr N, be paid $4,950 from the company's remaining funds, with a provision for shared payment if funds were insufficient. The court also authorised Mr N to apportion P Accountants' amended account of $8,996.51, allocating $4,820 to the company and $4,176.51 to the wife, with this liability to be paid from company assets and apportioned accordingly. The wife was also ordered to pay the remaining balance of P Accountants' original account, $530.59. The husband was directed to pay $4,000 from his share of company assets towards rental debts owed to the company, while the wife was ordered to pay $2,500 from her share for similar debts. The parties were granted liberty to apply for further orders as required by the liquidator to complete the liquidation.
Details

Areas of Law

  • Insolvency

  • Commercial Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Injunction

  • Fiduciary Duty

  • Restitution

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