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ARTICLE · 12 OCTOBER 2011

Special Purpose Liquidators (SPLs) - How you can oppose their appointment

Judge in Honest Remark decision held there was no power to appoint an SPL to investigate the original liquidator.

AustraliaInsolvency/Bankruptcy/Re-Structuring

In brief - Appointment of SPLs not a foregone conclusion

While special purpose liquidators might be viewed by some as a means to advance claims on behalf of creditors and at the same time expand business, incumbent liquidators are right to look at them as a potential threat to their position.

It is important to know that there may be ways of opposing the appointment of SPLs.

Role of a special purpose liquidator

An SPL inevitably picks over the file of the liquidator and whilst the SPL is usually appointed for particular tasks, they often stray outside of their area. What's more, because of how the case law has developed, they are almost always funded in what they do.

Most of us will be aware of Justice Barrett's decision in Lo v Nielsen & Moller (Autoglass) NSW Pty Limited [2008] NSW SC 407.

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