FEDERAL COURT OF AUSTRALIA

Workers Compensation Nominal Insurer, in the matter of Multiform Formwork & Concrete Pty Ltd (in liq) v Multiform Formwork & Concrete Pty Ltd (in liq) [2015] FCA 1493 

Citation:	Workers Compensation Nominal Insurer, in the matter of Multiform Formwork & Concrete Pty Ltd (in liq) v Multiform Formwork & Concrete Pty Ltd (in liq) [2015] FCA 1493	
		
Parties:	WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108 v MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383; PHILIP CAMPBELL-WILSON v SIMON CATHRO

WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108 v BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827; PHILIP CAMPBELL-WILSON v SIMON CATHRO	
		
File number(s):	NSD 453 of 2015
NSD 715 of 2015	
		
Judge(s):	YATES J	
		
Date of judgment:	17 December 2015	
		
Catchwords:	CORPORATIONS – application concerning retirement of liquidator – application granted  	
		
Date of hearing:	17 December 2015	
		
Place:	Sydney	
		
Division:	GENERAL DIVISION	
		
Category:	Catchwords	
		
Number of paragraphs:	7	
		
Counsel for the Plaintiff in each matter:	The plaintiff did not appear

Counsel for the Defendant in NSD 453 of 2015:	The defendant did not appear

Counsel for the Defendant in NSD 715 of 2015:	The defendant did not appear

Solicitor for the Applicant in each matter:	Mr D McCrostie of TurksLegal

Counsel for the Respondent in each matter:	The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA		
NEW SOUTH WALES DISTRICT REGISTRY		
GENERAL DIVISION	NSD 453 of 2015
	
IN THE MATTER OF MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383 

BETWEEN:	WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
Plaintiff
	
AND:	MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
Defendant 
	
IN THE INTERLOCUTORY APPLICATION:

BETWEEN:	PHILIP CAMPBELL-WILSON
Applicant
	
AND:	SIMON CATHRO
Respondent
	
JUDGE:	YATES J	
DATE OF ORDER:	17 DECEMBER 2015	
WHERE MADE:	SYDNEY	

THE COURT NOTES THAT:
1.	Pursuant to s 473(1) of the Corporations Act 2001 (Cth) (the Act), on the making of these orders, the respondent retires as liquidator of the defendant.
THE COURT ORDERS THAT:
2.	The requirement to serve the interlocutory application dated 17 December 2015 and the affidavit of Philip Campbell-Wilson sworn 14 December 2015 be dispensed with.
3.	Pursuant to s 530 of the Act, the applicant is to continue as the official liquidator of the defendant solely.
4.	The applicant notify the Australian Securities and Investments Commission of these orders forthwith.
5.	The costs of the applicant are to be paid out of the assets of the defendant.
6.	These orders be entered forthwith.
Note:	Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA		
NEW SOUTH WALES DISTRICT REGISTRY		
GENERAL DIVISION	NSD 715 of 2015
	
IN THE MATTER OF BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827

BETWEEN:	WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
Plaintiff
	
AND:	BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
Defendant 
	
IN THE INTERLOCUTORY APPLICATION:

BETWEEN:	PHILIP CAMPBELL-WILSON
Applicant
	
AND:	SIMON CATHRO
Respondent
	
JUDGE:	YATES J	
DATE OF ORDER:	17 DECEMBER 2015	
WHERE MADE:	SYDNEY	

THE COURT NOTES THAT:
1.	Pursuant to s 473(1) of the Corporations Act 2001 (Cth) (the Act), on the making of these orders, the respondent retires as liquidator of the defendant.
THE COURT ORDERS THAT:
2.	The requirement to serve the interlocutory application dated 17 December 2015 and the affidavit of Philip Campbell-Wilson sworn 14 December 2015 be dispensed with.
3.	Pursuant to s 530 of the Act, the applicant is to continue as the official liquidator of the defendant solely.
4.	The applicant notify the Australian Securities and Investments Commission of these orders forthwith.
5.	The costs of the applicant are to be paid out of the assets of the defendant.
6.	These orders be entered forthwith.
Note:	Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA		
NEW SOUTH WALES DISTRICT REGISTRY		
GENERAL DIVISION	NSD 453 of 2015
	
IN THE MATTER OF MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383 

BETWEEN:	WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
Plaintiff
	
AND:	MULTIFORM FORMWORK & CONCRETE PTY LTD (IN LIQUIDATION) ACN 161 128 383
Defendant 
	
IN THE INTERLOCUTORY APPLICATION:

BETWEEN:	PHILIP CAMPBELL-WILSON
Applicant
	
AND:	SIMON CATHRO
Respondent

IN THE FEDERAL COURT OF AUSTRALIA		
NEW SOUTH WALES DISTRICT REGISTRY		
GENERAL DIVISION	NSD 715 of 2015
	
IN THE MATTER OF BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827

BETWEEN:	WORKERS COMPENSATION NOMINAL INSURER ABN 83 564 379 108
Plaintiff
	
AND:	BRICK IT PTY LTD (IN LIQUIDATION) ACN 164 938 827
Defendant 
	
IN THE INTERLOCUTORY APPLICATION:
 
BETWEEN:	PHILIP CAMPBELL-WILSON
Applicant
	
AND:	SIMON CATHRO
Respondent	

JUDGE:	YATES J	
DATE:	17 DECEMBER 2015	
PLACE:	SYDNEY	
REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)
1		There are two applications before the Court concerning the resignation of a liquidator.  
2		The matters have been brought before the Court, appropriately in my view, to note the resignation and to provide for the liquidation continuing with one liquidator.  In each matter, there is before the Court an affidavit by Philip Campbell-Wilson sworn 14 December 2015.  
3		The relevant facts are as follows.  
4		In relation to proceeding NSD 453 of 2015, an order was made on 3 June 2015 appointing Philip Campbell-Wilson and Simon Cathro as joint and several liquidators of the defendant in that proceeding, Multiform Formwork & Concrete Pty Ltd.  At the time of making that order, Mr Campbell-Wilson and Mr Cathro were partners at Ernst & Young.  
5		In relation to proceeding NSD 715 of 2015, an order was made on 15 July 2015 appointing Mr Campbell-Wilson and Mr Cathro as joint and several liquidators of the defendant, Brick It Pty Ltd.  Once again, at the time of making the order, Mr Campbell-Wilson and Mr Cathro were partners at Ernst & Young.
6		On 13 August 2015, Mr Cathro resigned his position at Ernst & Young, as he had taken a role at another firm.  At the time of Mr Cathro’s resignation, it was agreed, amongst other things, that he would retire as one of the joint and several liquidators of each defendant.  Mr Campbell-Wilson has deposed that he is confident that with the staff and other resources of Ernst & Young at his disposal, he has the capacity—solely—to discharge the rights and obligations of the role of liquidator of each defendant, following Mr Cathro’s retirement.  There is evidence before the Court that Mr Cathro consents to the relief that is sought in each application.
7		Accordingly, for these reasons, orders as sought in each application will be made.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.	

Associate:
Dated:	22 December 2015