Workers Compensation Nominal Insurer, in the matter of Multiform Formwork and Concrete Pty Ltd (in liq) v Multiform Formwork and Concrete Pty Ltd (in liq)
[2015] FCA 1493
•17 December 2015
FEDERAL COURT OF AUSTRALIA
Workers Compensation Nominal Insurer, in the matter of Multiform Formwork & Concrete Pty Ltd (in liq) v Multiform Formwork & Concrete Pty Ltd (in liq) [2015] FCA 1493
Citation: Workers Compensation Nominal Insurer, in the matter of Multiform Formwork & Concrete Pty Ltd (in liq) v Multiform Formwork & Concrete Pty Ltd (in liq) [2015] FCA 1493 Parties: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108 v MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383; PHILIP CAMPBELL-WILSON v SIMON CATHRO
WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108 v BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827; PHILIP CAMPBELL-WILSON v SIMON CATHRO
File number(s): NSD 453 of 2015
NSD 715 of 2015Judge(s): YATES J Date of judgment: 17 December 2015 Catchwords: CORPORATIONS – application concerning retirement of liquidator – application granted Date of hearing: 17 December 2015 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 7 Counsel for the Plaintiff in each matter: The plaintiff did not appear
Counsel for the Defendant in NSD 453 of 2015: The defendant did not appear
Counsel for the Defendant in NSD 715 of 2015: The defendant did not appear
Solicitor for the Applicant in each matter: Mr D McCrostie of TurksLegal
Counsel for the Respondent in each matter: The respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 453 of 2015
IN THE MATTER OF MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
BETWEEN: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
PlaintiffAND: MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
DefendantIN THE INTERLOCUTORY APPLICATION:
BETWEEN: PHILIP CAMPBELL-WILSON
ApplicantAND: SIMON CATHRO
RespondentJUDGE:
YATES J
DATE OF ORDER:
17 DECEMBER 2015
WHERE MADE:
SYDNEY
THE COURT NOTES THAT:
1.Pursuant to s 473(1) of the Corporations Act 2001 (Cth) (the Act), on the making of these orders, the respondent retires as liquidator of the defendant.
THE COURT ORDERS THAT:
2.The requirement to serve the interlocutory application dated 17 December 2015 and the affidavit of Philip Campbell-Wilson sworn 14 December 2015 be dispensed with.
3.Pursuant to s 530 of the Act, the applicant is to continue as the official liquidator of the defendant solely.
4.The applicant notify the Australian Securities and Investments Commission of these orders forthwith.
5.The costs of the applicant are to be paid out of the assets of the defendant.
6.These orders be entered forthwith.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 715 of 2015
IN THE MATTER OF BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
BETWEEN: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
PlaintiffAND: BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
DefendantIN THE INTERLOCUTORY APPLICATION:
BETWEEN: PHILIP CAMPBELL-WILSON
ApplicantAND: SIMON CATHRO
RespondentJUDGE:
YATES J
DATE OF ORDER:
17 DECEMBER 2015
WHERE MADE:
SYDNEY
THE COURT NOTES THAT:
1.Pursuant to s 473(1) of the Corporations Act 2001 (Cth) (the Act), on the making of these orders, the respondent retires as liquidator of the defendant.
THE COURT ORDERS THAT:
2.The requirement to serve the interlocutory application dated 17 December 2015 and the affidavit of Philip Campbell-Wilson sworn 14 December 2015 be dispensed with.
3.Pursuant to s 530 of the Act, the applicant is to continue as the official liquidator of the defendant solely.
4.The applicant notify the Australian Securities and Investments Commission of these orders forthwith.
5.The costs of the applicant are to be paid out of the assets of the defendant.
6.These orders be entered forthwith.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 453 of 2015
IN THE MATTER OF MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
BETWEEN: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
PlaintiffAND: MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
DefendantIN THE INTERLOCUTORY APPLICATION:
BETWEEN: PHILIP CAMPBELL-WILSON
ApplicantAND: SIMON CATHRO
Respondent
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 715 of 2015
IN THE MATTER OF BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
BETWEEN: WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
PlaintiffAND: BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
DefendantIN THE INTERLOCUTORY APPLICATION:
BETWEEN: PHILIP CAMPBELL-WILSON
ApplicantAND: SIMON CATHRO
Respondent
JUDGE:
YATES J
DATE:
17 DECEMBER 2015
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)
There are two applications before the Court concerning the resignation of a liquidator.
The matters have been brought before the Court, appropriately in my view, to note the resignation and to provide for the liquidation continuing with one liquidator. In each matter, there is before the Court an affidavit by Philip Campbell-Wilson sworn 14 December 2015.
The relevant facts are as follows.
In relation to proceeding NSD 453 of 2015, an order was made on 3 June 2015 appointing Philip Campbell-Wilson and Simon Cathro as joint and several liquidators of the defendant in that proceeding, Multiform Formwork & Concrete Pty Ltd. At the time of making that order, Mr Campbell-Wilson and Mr Cathro were partners at Ernst & Young.
In relation to proceeding NSD 715 of 2015, an order was made on 15 July 2015 appointing Mr Campbell-Wilson and Mr Cathro as joint and several liquidators of the defendant, Brick It Pty Ltd. Once again, at the time of making the order, Mr Campbell-Wilson and Mr Cathro were partners at Ernst & Young.
On 13 August 2015, Mr Cathro resigned his position at Ernst & Young, as he had taken a role at another firm. At the time of Mr Cathro’s resignation, it was agreed, amongst other things, that he would retire as one of the joint and several liquidators of each defendant. Mr Campbell-Wilson has deposed that he is confident that with the staff and other resources of Ernst & Young at his disposal, he has the capacity—solely—to discharge the rights and obligations of the role of liquidator of each defendant, following Mr Cathro’s retirement. There is evidence before the Court that Mr Cathro consents to the relief that is sought in each application.
Accordingly, for these reasons, orders as sought in each application will be made.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates. Associate:
Dated: 22 December 2015
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