In Enviro Pipes Pty Ltd v Allroads Pty Ltd [2024] QSC 127, the applicant, Enviro Pipes Pty Ltd, sought the winding up of the respondent, Allroads Pty Ltd, on grounds of insolvency under section 459A of the Corporations Act 2001 (Cth). The procedural requirements for such an action were met, leading the Supreme Court of Queensland, presided over by Callaghan J, to grant the order. A key point of contention was the appointment of a liquidator, with the applicant nominating Mr David Stimpson, while the current voluntary administrator, Mr Darryl Kirk, had already undertaken significant work in this role. Despite Mr Kirk's ongoing involvement and the potential need to duplicate his efforts, the Court followed standard practice of appointing the applicant's nominee barring compelling reasons to do otherwise. Consequently, Mr Stimpson was appointed as the liquidator. The Court acknowledged potential conflicts due to Mr Kirk's relationship with the respondent and noted the professionalism of all legal representatives. Additionally, supporting creditors were invited to make submissions for their legal costs, resulting in favourable decisions for several entities. The final order mandated Allroads Pty Ltd to be wound up, with Mr Stimpson overseeing the process and the respondent bearing the applicant's legal costs.
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