Editor's note:

In a judgment delivered on 9 May 2019, the Court dismissed ASIC’s application with costs. See 19-110MR for further information.

ASIC has lodged an application requesting the Supreme Court of NSW inquire into the conduct of Sydney liquidators Andrew Hugh Jenner Wily and David Anthony Hurst concerning the performance of their duties as joint liquidators of 12 companies to which they had been appointed.

ASIC's concerns include:

• a lack of independence and a failure to disclose potential conflicts;
• the failure to report to ASIC suspected shadow directors and offences underlying suspected illegal phoenix activity; and
• a failure to undertake basic investigations into the companies' affairs.

At the time of their appointment, Mr Wily and Mr Hurst were partners of Armstrong Wily. Mr Wily remains a partner of Armstrong Wily. Mr Hurst is now a director of the firm HoskingHurst Pty Ltd.

ASIC seeks orders that Mr Wily and Mr Hurst be prohibited from practising as registered liquidators for such period as the Court sees fit.

The matter has been listed for directions on 9 February 2017. 

Background

Under the Corporations Act 2001, ASIC may apply to the Court to undertake an inquiry where it appears that a liquidator has not faithfully performed his or her duties.

ASIC seeks orders from the Court concerning Mr Wily's and Mr Hurst's role as joint liquidators of the following companies wound up by way of creditors' voluntary liquidation:

• Stone Cliff Pty Ltd ACN 098 024 714 (Deregistered)
• Sjain Pty Ltd ACN 127 505 720 (Deregistered)
• Htbong Pty Ltd ACN 127 505 873 (Deregistered)
• Mboa Pty Ltd ACN 128 067 489 (Deregistered)
• Vbrkic Pty Ltd ACN 127 507 564 (Deregistered)
• Kgifford Pty Ltd ACN 127 506 129 (Deregistered)
• Msrour Pty Ltd ACN 127 505 579 (Deregistered)
• Schauhan Pty Ltd ACN 127 508 034 (Deregistered)
• Rgoel Pty Ltd ACN 127 508 221 (Deregistered)
• Mhaigh Pty Ltd ACN 127 508 365 (Deregistered)
• Pkhouri Pty Ltd ACN 127 505 908 (Deregistered)
• Psingh Pty Ltd ACN 127 507 813 (Deregistered)

Prior to their liquidation, the companies provided either administrative, carwash and/or café staff exclusively to Crystal Carwash Café Pty Limited (Crystal Carwash).  Mr Wily had previously conducted the liquidation of 7 other companies that had also provided carwash and/or café staff exclusively to Crystal Carwash.

Crystal Carwash operates a number of carwash sites at various locations across the Sydney metropolitan area.