Lewis v Battery Mineral Resources Ltd (in liq)

(2021) 156 ACSR 162; [2021] FCA 963

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Interrogate

Catchwords

1. Corporations
2. › Winding Up
3. › Special Purpose Liquidator
4. › Power to Appoint
5. › Investigation of Incumbent Liquidator's Conduct as Voluntary Administrator
1. Corporations
2. › Winding Up
3. › Special Purpose Liquidator
4. › Discretion to Appoint
5. › Utility and Benefit to Creditors
1. Corporations
2. › External Administration
3. › Reviewing Liquidator
4. › Appointment Under s 90-23 of Insolvency Practice Schedule
5. › Discretion
6. › Whether Appropriate
1. Corporations
2. › External Administration
3. › Supervisory Jurisdiction of Courts
4. › Insolvency Practice Schedule
5. › Scope of Supervision Over Administrators and Liquidators

Quick Take

There is no power under s 90-15 of the Insolvency Practice Schedule to appoint a special purpose liquidator to investigate the conduct of incumbent liquidators in their prior capacity as voluntary administrators, as such investigation is a supervisory function of the Court and not a matter that can be carved out of the liquidation.