Farming v Athmaize Co-Operative Ltd (in liq) [2002] QSC 444

State Reporting Bureau umhK'i jaaocTjOSC 444 Queensland Government Department of Justice and Attorney-General Transcript of Proceedings State Reporting Bureau U Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. Issued subject to correction upon revision. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JUSTICE JONES Application No 138 of 2001 BONADIO FARMING Applicant and ATHMAIZE CO-OPERATIVE LIMITED Respondent (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION) CAIRNS ..DATE 15/11/2002 JUDGMENT /ARNING : The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for leir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings.1 1 h Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 2 -- 1 HIS HONOUR: This is an ex parte interlocutory application pursuant to section 502 of the Corporations Act 2001 (Cth) . The liquidator appointed by earlier order of this Court, Bruce Poultney Milner, has with the staff of Horwaths engaged in a considerable amount of work in the winding up of the company in liquidation. 15J.12002 D.l Tl/GRB M/T CNS1/2002 (Jones J) 10 Mr Milner has transferred to a different organisation, and it is felt appropriate by the main creditor and by the committee of inspection that the files remain with Horwaths, m particularly given the amount of staff involvement of that organisation in the winding up work. Mr Milner recognises that as being the preferable situation, and did therefore on 14th November 2002 formally resign as 30 liquidator of the company. That would therefore leave the company without a liquidator to carry on the winding up unless a new one is appointed. Before me is the consent of Mr Neil Cussen of Horwaths, Sydney, who agrees to be appointed now to the vacant position of liquidator. In all the circumstances, particularly given the wishes of the Commissioner for Taxation, the main creditor, and the committee of inspection, I will order Mr Cussen to be appointed as liquidator, and I make orders in terms of the draft initialled by me and placed with the papers. 50 2 JUDGMENT 60 -- 2 of 2 --