NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Emu Group Pty Ltd [2020] NSWSC 602 Hearing dates: 15 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Refuse to restrain second meeting of creditors. Catchwords: CORPORATIONS – voluntary administration – second meeting of creditors – largest proof of debt lodged by plaintiff in building defect proceedings – proof admitted for $1 for voting purposes – plaintiff wishes to replace administrator – proxies indicate administrator will be appointed liquidator but not replaced – balance of convenience – plaintiff can replace external administrator in due course – important to appoint liquidator sooner rather than later Legislation Cited: Corporations Act 2001 (Cth), Schedule 2 Insolvency Practice Schedule (Corporations), Section 90-35(1) Cases Cited: IRM Home Loans v Superwoman Financial Solutions Group [2007] NSWSC 604 MCCA Asset Management Ltd v Kamata Homes Pty Ltd [2019] VSC 512 Category: Principal judgment Parties: The Owners – Strata Plan 97986 (Plaintiff) Emu Group Pty Limited (First Defendant) Andre Lakomy (Second Defendant) Alan Walker (Third Defendant) Representation: Counsel: Mr A Rogers (Plaintiff) Mr D Pritchard SC (Defendants)
Solicitors: Alexander Richards Lawyers (Plaintiff) Kazi Portolesi Lawyers (Defendants) File Number(s): 2020/143881
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