Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq)

Tayeh v 113 134 964 Pty Ltd (formerly Chase Building Group Pty Ltd) (in liq) involves an uncontested application for the replacement of the liquidator of four companies, three of which were placed into liquidation by court order and one by a members' resolution. The current liquidator, Mr Tayeh, is resigning due to personal reasons, including concerns about his health and the impending hearing of a creditor's petition served on him. Mr Tayeh was a partner of the firm de Vries Tayeh (Partnership) until his expulsion on 31 May 2022. The applicants seek leave to dispense with the obligation under s 90-15(1) of the Insolvency Practice Schedule (Corporations) and r 70-30 of the Insolvency Practice Rules (Corporations) 2016 (Cth) that requires the liquidator to provide creditors with specified information.

The court had to decide whether it was appropriate to grant leave to dispense with the obligation for the new liquidators, Ms McCallum and Mr Resnick, to provide creditors with information already circulated by Mr Tayeh, and whether it was in the best interest of the creditors to appoint Ms McCallum and Mr Resnick as joint and several liquidators. The court considered the benefits of appointing Ms McCallum and Mr Resnick as liquidators, including the continuity of knowledge within the firm, the avoidance of additional costs and charges, the willingness of the new liquidators to accept the risk of non-payment, and the unlikelihood of other liquidators taking on the role under the circumstances. The court concluded that it was appropriate to make the orders sought by the applicants, including the appointment of Ms McCallum and Mr Resnick as liquidators and the dispensation from the obligation to provide creditors with information already circulated by Mr Tayeh.

The final orders of the court were to dispense with the requirement for Ms McCallum and Mr Resnick to provide creditors with the information specified in r 70-30(2) of the Insolvency Practice Rules (Corporations) 2016 (Cth), and to appoint Ms McCallum and Mr Resnick as joint and several liquidators of each of the four defendant companies. The court also ordered that Ms McCallum and Mr Resnick provide a notice to all known creditors of each of the four defendants, informing them of Mr Tayeh's resignation and the appointment of the new liquidators.