In the matter of MK Floors Qld Pty Ltd [2020] NSWSC 822

Supreme Court New South Wales

Medium Neutral Citation: In the matter of MK Floors Qld Pty Ltd [2020] NSWSC 822 Hearing dates: 16 June 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Defendants in Schedules B and C joined under r 6.19 Uniform Civil Procedure Rules 2005 (NSW), and relevant proceedings transferred to Supreme Court of New South Wales under s 140 of the Civil Procedure Act 2005 (NSW). Order that separate question as to solvency to be heard together with evidence in one being evidence in the other. Costs reserved. Catchwords: CIVIL PROCEDURE — Parties — Joinder — Of defendants — Transfers to and from other courts — District and Local Courts — Separate determination of questions — Voidable transaction proceedings in other courts each with common question of company's solvency — Company's solvency to be determined as separate question. Legislation Cited: - Corporations Act 2001 (Cth), ss 588FF(1)(a), 1337K, Pt 5.7B - Civil Procedure Act 2005 (NSW), s 140 - Uniform Rules of Civil Procedure 2005 (NSW), rr 6.19, 28.5 Cases Cited: - Dean-Willcocks v Air Transit International Pty Ltd [2002] NSWSC 525 - Re Bias Boating Pty Ltd [2017] NSWSC 1524 - Re RCG CBD Pty Ltd (in liq) [2016] NSWSC 1489 Category: Principal judgment Parties: Steve Naidenov in his capacity as liquidator of MK Floors NSW Pty Ltd (in liq) and MK Floors Qld Pty Ltd (in liq) (Plaintiff) The Commissioner of Taxation (First Defendant) Airlay International Pty Ltd (Second Defendant) Hanes Innerwear Australia Pty Ltd t/as Dunlop Flooring (Third Defendant) Forbo Floorcoverings Pty Ltd (Fourth Defendant) The Victoria Carpet Company Proprietary Limited (Fifth Defendant) Quest Carpet Manufacturers Pty Ltd (in liq) (Sixth Defendant) Brintons Pty Ltd (Seventh Defendant) Gibbon Group Pty Ltd (Eighth Defendant) Interface Aust Pty Ltd (Ninth Defendant) Karndean International Pty Ltd (Tenth Defendant) M.J. Sturgess & Co Pty Ltd t/as MJS Floor Coverings (Eleventh Defendant) Tuftmaster Carpets Pty Ltd (Twelfth Defendant) Cavalier Bremworth Pty Ltd (Thirteenth Defendant) Norman Ellison Carpets Pty Ltd (Fourteenth Defendant) Cavalier Commercial Pty Ltd (Fifteenth Defendant) Representation: Counsel: J Nathan (Plaintiff) M J Pennini (Second Defendant) M T Lapirow (Third and Fifth Defendants) D Dragicevic (Fourth Defendant) M J Shaw (Eleventh Defendant)