In the matter of Plutus Payroll Australia Pty Ltd (in liquidation) [2020] NSWSC 1438

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plutus Payroll Australia Pty Ltd (in liquidation) [2020] NSWSC 1438 Hearing dates: 28 May 2020 Date of orders: 28 May 2020 Decision date: 28 May 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Time for seeking orders in relation to voidable transactions entered into by Company extended until 6 June 2021. Confidentiality order made in relation to liquidator's affidavit. Catchwords: CORPORATIONS - Winding up - Voidable transactions - Application for orders under s 588FF Corporations Act 2001 (Cth) for an extension of the period within which an application may be brought against certain persons in respect of voidable transactions – Where delays caused by funding issues, non-compliance with document production and COVID-19 difficulties. PROCEDURE – Non-publication order – Where liquidator's affidavit supporting extension application discloses lines of inquiry that may prejudice investigations. Legislation Cited: - Corporations Act 2001 (Cth), s 588FF - Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7 and 8 Cases Cited: - Fortress Credit Corporation (Australia) II Pty Limited v Fletcher [2015] HCA 10; (2015) 254 CLR 489 - Re Octaviar Ltd (Recs and Mgrs Apptd) (in liq) [2012] NSWSC 1460; (2012) 271 FLR 413 Category: Procedural and other rulings Parties: Timothy Bryce Norman and Salvatore Algeri in their capacity as joint and several liquidators of Plutus Payroll Australia Pty Ltd (in liq) (First Plaintiff) PPA Contractors Australia Pty Ltd (in liq) (Second Plaintiff) PPA Services Australia Pty Ltd (in liq) (Third Plaintiff) PP Aus Holdings Pty Ltd (in liq) (Fourth Plaintiff) PP Australia NSW Pty Ltd (in liq) (Fifth Plaintiff) PP Services (WA) Pty Ltd (in liq) (Sixth Plaintiff) PPA (SA) Pty Ltd (in liq) (Seventh Plaintiff) PPA NT Pty Ltd (in liq) (Eighth Plaintiff) RAM Enterprises Australia Pty Ltd (in liq) (Ninth Plaintiff) SAI Solutions Australia Pty Ltd (in liq) (Tenth Plaintiff) BRW Services Pty Ltd (in liq) (Eleventh Plaintiff) Representation: Counsel: J Hynes (Plaintiffs)