Following Mr Cliff Sanderson's successful appeal of the
decision in first instance in Sakr Nominees Pty Ltd, today Justice
Black handed down his decision in respect of the re-hearing of Mr
Sanderson's remuneration application.
Mr Sanderson and the insolvency profession can breathe a
collective sigh of relief as Mr Sanderson has been wholly
successful in having his remuneration approved.
In saying this, it is clear that remuneration approvals in the
future will not be plain sailing. The Court has confirmed that a
liquidator is entitled to reasonable remuneration but he or she
bears the onus of establishing that the amount sought is fair and
reasonable.
Justice Black said that the Court must apply an independent mind
in considering whether the remuneration sought is fair and
reasonable, and that the liquidator must lead evidence in
sufficient detail such that the Court can determine that question.
The Court will generally need to be provided with an
"account" in
