ASIC notes the decision of the Supreme Court of NSW, which declined to order an inquiry into the conduct of former Sydney liquidator Andrew Hugh Jenner Wily and current Sydney liquidator David Anthony Hurst concerning the performance of their duties as joint liquidators of 12 companies (the Companies) to which they had been appointed.
At the time of their appointment to the Companies, Mr Wily and Mr Hurst were partners of Armstrong Wily. In 2017 Mr Wily did not renew his registration and is no longer a registered liquidator. Mr Hurst remains a registered liquidator.
ASIC had concerns about the administration of the Companies and sought a court inquiry regarding the liquidation of the Companies by Mr Wily and Mr Hurst (refer: ).
In a judgment delivered on 9 May 2019, the Court dismissed ASIC’s application with costs.