In the matter of Glenvine Pty Limited [2020] NSWSC 642

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Glenvine Pty Limited [2020] NSWSC 642 Hearing dates: 14 May 2020 Date of orders: 14 May 2020 Decision date: 14 May 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Refuse application under section 440A(2), Corporations Act 2001 (Cth); appoint liquidator Catchwords: CORPORATIONS — Application by voluntary administrator to adjourn winding up proceedings — proposed deed of company arrangement – transfer of company's sole asset to wife — legitimacy of Family Court consent orders in issue — Whether in interests of creditors — Opposed by 96% of third party creditors by value — Adjournment application refused — Company wound up in insolvency. Legislation Cited: Corporations Act 2001 (Cth), 440A(2) Environmental Planning and Assessment Act 1979 (NSW), Part 4A Family Law Act 1975 (Cth), s 79 Home Building Act 1989 (NSW), ss 18B, 18C Cases Cited: Allied Express Transport Pty Ltd v Exalt Group Pty Ltd (Administrator Appointed) [2013] FCA 455 Deputy Commissioner of Taxation v KJ Consulting Pty Ltd (administrators appointed) [2005] FCA 1827 Gorst Rural Supplies Pty Ltd v Glenroy (Lake Bolac Pty Ltd) [2012] VSC 60 In the matter of Bobos Engineering Australian Pty Ltd [2015] NSWSC 2027 In the matter of Cresco Opus Fund No 4 Pty Ltd (administrator appointed) [2019] NSWSC 941 In the matter of Dan Phillips Holdings Pty Ltd [2017] NSWSC 954 In the matter of Denham Constructions Pty Ltd [2016] NSWSC 1426 Deputy Commissioner of Taxation v Bradley Keeling Management Pty Limited (2003) 44 ACSR 377; [2003] NSWSC 47 In the matter of Edifice Australia Pty Limited [2019] NSWSC 1215 In the matter of Offshore & Ocean Engineering Pty Ltd [2012] NSWSC 1296 Ng Van v Der Velde [2011] FCAFC 35 Official Trustee v Mateo (2003) 127 FCR 127 Waste Recycling and Processing Services of New South Wales v Local Government Recycling Co-operative (1999) 32 ACSR 194; [1999] NSWSC 507 NSWSC 507 Weriton Finance Pty Ltd v PNR Pty Ltd (in administration); Australian Residential and Commercial Finance Pty Ltd v PNR Pty Ltd (in administration) (2012) 92 ACSR 88; [2012] NSWSC 1402 Category: Principal judgment Parties: Anthony Brenchley (First Plaintiff) Suzanne Brenchley (Second Plaintiff) Glenvine Pty Limited (Defendant) Representation: Counsel: Mr S Golledge SC (Plaintiffs) Ms W Jacobs, Solicitor (Administrator for the Defendant)