In the matter of The Australian Wine Consumers’ Co-Operative Society Limited trading as The Wine Society (admin apptd) [2020] NSWSC 1437

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Australian Wine Consumers' Co-Operative Society Limited trading as The Wine Society (admin apptd) [2020] NSWSC 1437 Hearing dates: 6 August 2020 Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made under s 447A of the Corporations Act 2001 (Cth). No direction made under s 90-15 of the Insolvency Practice Schedule (Corporations) on the basis that it is not required. Catchwords: CORPORATIONS – External administration – Co-operative under Co-operatives National Law (NSW) – Application of Pt 5.3A Corporations Act 2001 (Cth) to a co-operative – application for directions under Insolvency Practice Schedule (Corporations) s 90-15 – Where prior case law has addressed applicability of certain portions of Insolvency Practice Schedule (Corporations) and Insolvency Practice Rules (Corporations) to cooperatives – Directions not required because case law is clear CORPORATIONS – External administration – Whether operation of Pt 5.3A should be modified in relation to the administration of a co-operative – Whether new provisions of Insolvency Practice Schedule and Insolvency Practice Rules should apply to administration of co-operative Legislation Cited: - Co-operatives (Adoption of National Law) Act 2012 (NSW) - Co-operatives National Law, cl 6 of sch 4 - Co-operatives National Regulations - Corporations Act 2001 (Cth), s 447A, Pt 5.3A - Insolvency Practice Schedule (Corporations), s 90-15 - Insolvency Practice Rules (Corporations) Cases Cited: - Re 7 Steel Distribution Pty Ltd (in liq) (recs and mgrs apptd) [2013] NSWSC 669 - Re Belmont Sportsman's Club Cooperative Ltd (admins apt) [2015] NSWSC 543 - Re University Co-operative Bookshop Ltd [2019] NSWSC 1898 - Re University Co-operative Bookshop Ltd (admin apptd) (No 2) [2020] NSWSC 97; (2020) 142 ACSR 607 Category: Principal judgment Parties: Giles Geoffrey Woodgate in his capacity as Administrator of the Australian Wine Consumers' Co-Operative Society Ltd (admin apptd) (Plaintiff) Representation: Counsel: P Santucci (Plaintiff)