Loading...
Queensland Judgments

beta

Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Van Dycke v Van Dycke Holdings Pty Ltd

 

[2003] QSC 66

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

No 66 of 2003

SERGE ANDRE CHARLES VAN DYCKE

Applicant

and

 

VAN DYCKE HOLDINGS PTY LTD

Respondent

CAIRNS

DATE 03/03/2003

JUDGMENT

HIS HONOUR: This is an application for the appointment of a provisional liquidator of a proprietary company, which effectively carried on a business for the benefit of its two directors, Mr Van Dycke and a Ms Powell. The directors were both involved in the business, which really depended on Mr Van Dycke's creative output. The directors also lived in a de facto relationship.

It appears from the material that partnership, both domestically and businesswise, has now ceased. One of the directors has appropriated funds from the company, and used those funds in a way other than for company business. That forms the legal basis for this request for a provisional liquidator, and I propose to order that a provisional liquidator be appointed.

The issue, however, seems more one of the parties dealing with property that has been acquired in their domestic relationship. Notwithstanding that, I accept, as proven, the allegations that have been made, and will make an order appointing Peter John Morris as provisional liquidator of Van Dycke Holdings Pty Ltd.

Close

Editorial Notes

  • Published Case Name:

    Serge Andre Charles Van Dycke v Van Dycke Holdings Pty Ltd

  • Shortened Case Name:

    Van Dycke v Van Dycke Holdings Pty Ltd

  • MNC:

    [2003] QSC 66

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    03 Mar 2003

Litigation History

No Litigation History

Appeal Status

No Status