In the matter of Riverside Spares Pty Ltd (in liquidation) [2020] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Riverside Spares Pty Ltd (in liquidation) [2020] NSWSC 839 Hearing dates: 25 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. Pursuant to r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW), Mr Barry Taylor in his capacity as liquidator of Riverside Spares Pty Ltd (in liquidation) (the Liquidator), be joined as Second Plaintiff to these proceedings. 2. Pursuant to s 477(2B) of the Corporations Act 2001 (Cth), approval is granted: a. nunc pro tunc for the Liquidator to enter into (including on behalf of the First Defendant) and to cause the First Defendant to enter into the Deed of Agreement appearing at pp 2 to 10 of Exhibit BT-1 to the affidavit of Mr Barry Taylor sworn on 4 June 2020; and b. for the Liquidator to enter into (including on the Company's behalf) and to cause the First Defendant to enter into the Lease appearing at pp 11 to 41 of Exhibit BT-1 to the affidavit of Mr Barry Taylor sworn on 4 June 2020. 3. The costs associated with this application be costs in the winding up of the First Defendant. 4. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), on the ground that it is necessary to prevent prejudice to the proper administration of justice, until further order or the conclusion of the liquidation of the First Defendant, whichever is the latter, Exhibit 1 (being the letter from Dunbar Partners to Mr Barry Taylor dated 25 March 2020) is not to be published or disclosed to any person, save for any disclosure deemed necessary by the Liquidator, his staff or legal representatives. Catchwords: CORPORATIONS — Winding up — Conduct of liquidation — Court-appointed liquidator — Powers of liquidator to enter deed and lease on behalf of company — Application for Court approval under Corporations Act 2001 (Cth) s 477(2B) Legislation Cited: Corporations Act 2001 (Cth) ss 461(1)(k), 477(2B) Court Suppression and Non-Publication Orders Act 2010 (NSW) s 7 Uniform Civil Procedure Rules 2005 (NSW) r 6.24 Category: Principal judgment Parties: Oreste Bercich (Plaintiff) Riverside Spares Pty Ltd (in Liq) (First Defendant) Giovanni Bercich (Second Defendant) Dino Bercich (Third Defendant) Nancy Bercich (Fourth Defendant) Barry Taylor in his capacity as liquidator of Riverside Spares Pty Ltd (in Liq) (Applicant) Representation: Counsel: J Hynes (Applicant)