In the matter of Todae Solar Pty Ltd [2020] NSWSC 1890

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Todae Solar Pty Ltd [2020] NSWSC 1890 Hearing dates: 10 December 2020 Date of orders: 10 December 2020 Decision date: 21 December 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to commence proceedings under s 444E of the Act, and order for delivery up of equipment. Catchwords: CORPORATIONS – Voluntary administration – Deed of company arrangement – Leave to commence proceedings against company subject to deed of company arrangement in relation to its property – Where Plaintiff's property in possession of company – Whether Plaintiff's title to property established -Whether to order delivery of property where uniquely manufactured in accordance with contractual specifications. Legislation Cited: - Corporations Act 2001 (Cth), s 444E Cases Cited: - GE Capital Asset Services and Trading Asia Pacific Pty Ltd v Rocks Excavations and Plant Hire Pty Ltd [2003] NSWSC 99 - Henaford Pty Ltd v Strathfield Group Ltd (2009) 72 ACSR 240; [2009] NSWSC 539 - Mehan v Arrium Ltd (formerly Onesteel Ltd) [2016] NSWSC 1680 Category: Principal judgment Parties: Blue Op Partner Trust atf Blue OP Partner Trust, Eric Alpha Operator Corporation 1 Pty Ltd atf Eric Alpha Operator Trust 1, Eric Alpha Operator Corporation 2 Pty Ltd atf Eric Alpha Operator Trust 2, Eric Alpha Operator Corporation 3 Pty Ltd atf Eric Alpha Operator Trust 3, Eric Alpha Operator Corporation 4 Pty Ltd atf Eric Alpha Operator Trust 4, trading as the Ausgrid Operator Partnership (Plaintiff) Todae Solar Pty Ltd (subject to deed of company arrangement (First Defendant) Kerden Haulage Pty Ltd (Second Defendant) Representation: Counsel: Mr A W Smith (Plaintiff)