M Webster Holdings Pty Limited (administrators appointed) v Specific Freight Pty Limited [2017] FCA 269

FEDERAL COURT OF AUSTRALIA

M Webster Holdings Pty Limited (administrators appointed) v Specific Freight Pty Limited [2017] FCA 269 File numbers: NSD 288 of 2017

Judge: YATES J

Date of judgment: 2 March 2017

Catchwords: CORPORATIONS – Application for disposal of goods under s 442C(2) of the Corporations Act 2001 (Cth) – sale of relevant goods in the ordinary course of business

Legislation: Corporations Act 2001 (Cth) s 436A(1), s 442C(1), s 442C(2), s 442CC(2), s 447D, s442CC Storage Liens Act 1936 (NSW) s 4

Date of hearing: 2 March 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 16

Counsel for the Plaintiffs: Mr D Cook SC

Solicitor for the Plaintiffs: Polczynski Lawyers

Counsel for the Defendant: Mr N Bender

Solicitor for the Defendant: DLA Piper

ORDERS NSD 288 of 2017

BETWEEN: M WEBSTER HOLDINGS PTY LIMITED ACN 003 766 925 (ADMINISTRATORS APPOINTED) First Plaintiff

GEOFFREY AND ANDREW BARNDEN IN THEIR CAPACITIES AS JOINT AND SEVERAL VOLUNTARY ADMINISTRATORS OF M WEBSTER HOLDINGS PTY LIMITED (ADMINITRATORS APPOINTED) ACN 003 766 925 Second Plaintiffs

AND: SPECIFIC FREIGHT PTY LIMITED ACN 006 664 124 Defendant

JUDGE: YATES J DATE OF ORDER: 2 MARCH 2017

THE COURT NOTES: 1. The undertaking given by the second plaintiffs that they will meet all lawful charges incurred by the defendant in relation to the goods set out at Schedules 1 to 3 of the Originating Process dated 28 February 2017 (the Originating Process) to the extent such charges are provided for by s 4 of the Storage Liens Act 1935 (NSW), within 2 business days of presentation of an invoice. THE COURT ORDERS THAT: 2. Leave be granted to the plaintiffs to file an amended originating process. 3. The goods comprising clothing held in the shipping containers and loose cartons set out in Schedule 1 of the Originating Process held by the defendant be made available to the first plaintiff within 3 hours of service of this order. 4. The goods comprising clothing held in the shipping containers and loose cartons set out in Schedule 2 of the originating process to be delivered to the defendant be made available by the defendant to the first plaintiff within two business days of service of this order, subject to any delay not within the control of the defendant and subject to any co- operation required from the plaintiffs. 5. The goods comprising clothing held in the shipping containers and loose cartons set out in Schedule 3 of the Originating Process to be delivered to the defendant be made available by the defendant to the first plaintiff within two business days of receipt of those goods by the defendant, subject to any delay not within the control of the defendant and subject to any co-operation required from the plaintiffs.