In the matter of HPack Investments Pty Ltd [2020] NSWSC 1638

Supreme Court New South Wales

Medium Neutral Citation: In the matter of HPack Investments Pty Ltd [2020] NSWSC 1638 Hearing dates: 6 November 2020 Decision date: 18 November 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Current freezing orders to be extended until further order. Plaintiff to bring in short minutes of order to give effect to this judgment within one business day. Catchwords: CIVIL PROCEDURE — Interim preservation — Freezing orders — Against third parties — Jurisdiction to make freezing order — Discretion whether to make freezing order — Winding up application against company that is trustee of self-managed superannuation fund — Where assets had been transferred to beneficiaries and associated entities — Asset transfers occurring without discharging tax liabilities — Where assets now held by beneficiaries and associated entities appear less than quantum transferred — Where evidence led raises risk of continued dissipation of assets without reserving funds to meet judgment — Where liquidator if appointed has prospective claims against beneficiaries and associated entities. Legislation Cited: Corporations Act 2001 (Cth), ss 180, 588FDA, 588FG, 1317S Practice Note SC Gen 14 Superannuation Industry (Supervision) Act 1993 (Cth), ss 120(2)(e), 126K Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.14 Cases Cited: - Beach Petroleum NL v Johnson (1992) 9 ACSR 404 - Cardile v LED Builders Pty Ltd (1999) 198 CLR 380; [1999] HCA 18 - Clark Equipment Credit of Aust Ltd v Como Factors Pty Ltd (1988) 14 NSWLR 552 - Clout (as trustee in bankruptcy of the Estate of Dexter) v Anscor Pty Ltd [2001] FCA 174 - Crowe-Maxwell v Frost (2016) 91 NSWLR 414; [2016] NSWCA 46 - Deputy Commissioner of Taxation v Bollands [2012] FCA 1050 - Frigo v Culhaci [1998] NSWCA 88 - Goumas v McIntosh [2002] NSWSC 713 - Grimaldi v Chameleon Mining NL (No 2) (2012) 200 FCR 296; 287 ALR 22; 87 ACSR 260; [2012] FCAFC 6 - Jackson v Stirling Industries Ltd (1987) 162 CLR 612; [1987] HCA 23 - Jaken Properties Australia Pty Ltd v Naaman [2020] NSWSC 1554 - Pages Property Investments Pty Ltd v Boros [2020] NSWSC 1270 - Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 - Re Black Eagle Media Pty Ltd [2014] NSWSC 1778 - Re Colorado Products Pty Ltd (in prov liq) (2014) 101 ACSR 233; [2014] NSWSC 789 - Samimi v Seyedabadi [2013] NSWCA 279 - Smith v Starke; Re Action Paintball Games Pty Ltd (in Liq) (No 2) (2015) 109 ACSR 145; [2015] FCA 1119 - SX Projects Pty Ltd (in liq) v Battaglia [2018] NSWSC 1830 - Vasudevan v Becon Constructions (Aust) Pty Ltd (2014) 97 ACSR 627; [2014] VSCA 14 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Applicant/Plaintiff) Hpack Investments Pty Ltd (First Respondent) CKJJJJ Investments Pty Ltd (Second Respondent) Charlie Cordina (Third Respondent) Katrina Cordina (Fourth Respondent) B & C Produce Pty Ltd (Fifth Respondent) Representation: Counsel: Mr S Golledge SC/Ms S C Woodland (Applicant) Ms J Needham SC/ Mr J Kohn (Respondents)