In the matter of Pages Equipment Holdings Pty Ltd (admin apptd) [2020] NSWSC 959

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pages Equipment Holdings Pty Ltd (admin apptd) [2020] NSWSC 959 Hearing dates: 24 July 2020 Date of orders: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Provisional liquidators appointed to several companies and voluntary administrations terminated. Catchwords: CORPORATIONS — Winding up — Application to appoint provisional liquidator under s 472(2) of the Corporations Act 2001 (Cth) — Where companies are in voluntary administration – Whether there is reasonable likelihood that winding up order would be made at final hearing – Whether balance of convenience supports appointment of provisional liquidators. Legislation Cited: Corporations Act 2001 (Cth), s 440A(3), s 472(2) Cases Cited: - Australian Securities and Investment Commission v Sino Australia Oil and Gas Ltd [2015] FCA 531, (2015) 106 ACSR 575 - Australian Securities Commission v Solomon (1996) 19 ACSR 73 at 80 - Lubavitch Mazal Pty Ltd v Yeshiva Properties No 1 Pty Ltd [2003] NSWSC 535; (2003) 47 ACSR 197 - Re New Cap Reinsurance Corporation Holdings Pty Ltd [1999] NSWSC 536; (1999) 32 ACSR 234 - Re Therma Truck Pty Ltd [2016] NSWSC 266 Category: Principal judgment Parties: Pages Property Investments Pty Ltd (Plaintiff) Anthony Robert Cant and Renee Sarah Di Carlo as joint and several administrators of Pages Equipment Holdings Pty Ltd and Pages Sales Pty Ltd (First Defendant) Pages Equipment Holdings Pty Ltd (Administrators Appointed) (Second Defendant) Pages Sales Pty Ltd (Administrators Appointed) (Third Defendant) Peter Robert Vince and Paul William Langdon as joint and several administrators of Phire Pty Ltd (Fourth Defendant) Phire Pty Ltd (Administrators Appointed) (Fifth Defendant) Attila Boros (Sixth Defendant) Stephen Malcolm Thatcher (Seventh Defendant) Pages Austructures Pty Ltd (Eighth Defendant) Representation: Counsel: M White/R Gration (Plaintiff) A Dogan (First and Third Defendants) J Giacco (Solicitor) (Fourth and Fifth Defendants) A Boros (self-represented) (Sixth Defendant) A Spencer (Seventh Defendant) M O'Connor (Solicitor) (Eighth Defendant)