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Farming v Athmaize Co-operative Limited

 

[2002] QSC 444

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 138 of 2001

BONADIO FARMING

Applicant

and

 

ATHMAIZE CO-OPERATIVE LIMITED

Respondent

(RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

 

CAIRNS

DATE 15/11/2002

JUDGMENT

HIS HONOUR: This is an ex parte interlocutory application pursuant to section 502 of the Corporations Act 2001 (Cth). The liquidator appointed by earlier order of this Court, Bruce Poultney Milner, has with the staff of Horwaths engaged in a considerable amount of work in the winding up of the company in liquidation.

Mr Milner has transferred to a different organisation, and it is felt appropriate by the main creditor and by the committee of inspection that the files remain with Horwaths, particularly given the amount of staff involvement of that organisation in the winding up work.

Mr Milner recognises that as being the preferable situation, and did therefore on 14th November 2002 formally resign as liquidator of the company. That would therefore leave the company without a liquidator to carry on the winding up unless a new one is appointed. Before me is the consent of Mr Neil Cussen of Horwaths, Sydney, who agrees to be appointed now to the vacant position of liquidator.

In all the circumstances, particularly given the wishes of the Commissioner for Taxation, the main creditor, and the committee of inspection, I will order Mr Cussen to be appointed as liquidator, and I make orders in terms of the draft initialled by me and placed with the papers.

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Editorial Notes

  • Published Case Name:

    Bonadio Farming v Athmaize Co-operative Limited

  • Shortened Case Name:

    Farming v Athmaize Co-operative Limited

  • MNC:

    [2002] QSC 444

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    15 Nov 2002

Litigation History

No Litigation History

Appeal Status

No Status