CORPORATIONS - external administration - removal of liquidator - whether liquidator improperly failed to defend proceedings by first ranking mortgagee to recover property - where no tenable defence was available - where property was the only asset of value to satisfy debts - whether liquidator obstructed attempts to avert mortgagee sale
CORPORATIONS - external administration - removal of liquidator - where liquidator commenced proceedings for an account of the plaintiff's mortgage - where evidence as to quantum and basis of claimed debt was scanty
CORPORATIONS - external administration - Inquiry into liquidator's conduct - where liquidator took possession of plaintiff's chattels located on association property - where plaintiff was required to prove ownership of chattels - whether liquidator treated property of others as property of the association - whether liquidator entitled to insist on proof of ownership of chattels on association property - whether liquidator improperly sold property of the plaintiff
CORPORATIONS - external administration - application for inquiry into liquidator's conduct - whether there are sufficient matters prima facie calling for further investigation - Corporations Act, s 536
Case Details
Citation[2012] NSWSC 1215
CourtNSWSC
JurisdictionNew South Wales
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