In the matter of Order of AHEPA NSW Incorporated [2020] NSWSC 1626

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Order of AHEPA NSW Incorporated [2020] NSWSC 1626 Hearing dates: 30 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Appointment of administrators validated. Administrators are justified in proceeding on the basis that specified provisions in Pt 5.3A, the Insolvency Practice Schedule (Corporations) and the Insolvency Practice Rules are applicable in the administration of the Association, including certain provisions extended by order under s 477A of the Corporations Act 2001 (Cth). Costs of the application to be costs of the administration. Catchwords: CORPORATIONS – External administration – Association under the Associations Incorporation Act 2009 (NSW) – Uncertainty whether administrators validly appointed – Where facts indicate potential insolvency – Whether to make order under s 477A of the Corporations Act 2001 (Cth) validating administrators' appointment and applying provisions of Pt 5.3A, IPSC and Insolvency Practice Rules – Corresponding provisions of repealed Acts under s 68 of the Interpretation Act 1987 (NSW). Legislation Cited: - Associations Incorporation Act 2009 (NSW), s 54 - Associations Incorporation Regulation 2016 (NSW) - Co-operative (Adoption of National Law) Act 2012 (NSW), s 382; Sch 4, s 6 - Corporations Act 2001 (Cth), ss 447C, 1322 - Corporations (Ancillary Provisions) Act 2001 (NSW), ss 14 and 15 - Insolvency Practice Schedule (Corporations), s 90-15 - Interpretation Act 1987 (NSW), s 68 Cases Cited: - Re Gulf Energy Pty Ltd [2019] NSWSC 1637 - Re Keneally (as administrator of Australian Blue Mountain International Cultural and Tourist Group Pty Limited (admin apptd) [2015] NSWSC 937, (2015) 107 ACSR 172 - Re Lesso Building Material Trading (Sydney) Pty Limited (admins apptd) [2018] NSWSC 1486 - Re Australian Wine Consumers Co-Operative Society Limited trading as The Wine Society (admin apptd) [2020] NSWSC 1437 - Re University Co-Operative Bookshop Limited (admins apptd) [2019] NSWSC 1898 - Re University Co-Operative Bookshop Limited (admins apptd) (No 2) [2020] NSWSC 97 - Winter v Ministry of Transport [1972] NZLR 529 - Woolworths v Lister [2004] NSWCA 292 Category: Principal judgment Parties: Michael Hird and Alan Walker in their capacity as administrators of Order of Ahepa NSW Incorporated (Administrators Appointed) (Plaintiffs) Representation: Counsel: Mr B Katekar SC/Mr J Douglas (Plaintiffs)