Gis Electrical Pty Ltd v Melsom & Ors

[2001] WASC 314

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Corporations
2. › Administration
3. › Remuneration of administrators
4. › Review by court under s 449E(2)
5. › Whether remuneration approved by creditors' meeting should be reviewed
6. › Adequacy of information provided to creditors
7. › Onus of proof on applicant creditor
8. › Corporations Law, s 449E
1. Corporations
2. › Liquidators
3. › Supervision of liquidators
4. › Inquiry into fees and disbursements under s 536
5. › Whether court should order inquiry at instance of unsecured creditor
6. › Whether applicant creditor would benefit from inquiry
7. › Relevance of secured creditor's attitude
8. › Corporations Law, s 536
1. Corporations
2. › Administration
3. › Supervision of administrator
4. › Whether administrator managed company's business prejudicially to creditors' interests
5. › Expenditure on computing consultants
6. › Corporations Law, s 447E
1. Corporations
2. › Administration
3. › Remuneration
4. › Meaning of 'remuneration'
5. › Whether disbursements included
6. › Corporations Law, s 449E

Quick Take

Where administrators' remuneration has been approved by creditors' meetings, the onus on a s 449E(2) review application is on the applicant creditor to establish the remuneration was not fair and reasonable. A court may decline to order an inquiry into liquidators' fees under s 536 where the applicant creditor would gain nothing financially from the inquiry and the only creditor who would benefit does not support the application.