In the matter of GT’s Cooking Oils Pty Ltd trading as Filtafry Newcastle [2021] NSWSC 93

Supreme Court New South Wales

Medium Neutral Citation: In the matter of GT's Cooking Oils Pty Ltd trading as Filtafry Newcastle [2021] NSWSC 93 Hearing dates: 15 February 2021 Date of orders: 15 February 2021 Decision date: 15 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Winding up application dismissed. Catchwords: CORPORATIONS — Winding up — Application for winding up in insolvency brought in reliance on creditor's statutory demand — non-compliance with timing requirements of Coronavirus Economic Response Package Omnibus Act 2020 (Cth) — Whether to dismiss winding up application under s 467 of the Corporations Act 2001 (Cth) Legislation Cited: - Coronavirus Economic Response Package Omnibus Act 2020 (Cth) - Corporations Act 2001 (Cth), ss 459C, 459F, 459J, 467 Cases Cited: - FAI Insurances Ltd v Goldleaf Interior Decorators Pty Ltd (No 2) (1988) 14 NSWLR 643 - Quitstar Pty Ltd v Cooline Pacific Pty Ltd (2003) 48 ACSR 222; [2003] NSWCA 359 - Re MHC Pathology Pty Ltd [2020] VSC 789 - Re Gladstone Mortgagee No 1 Pty Ltd [2015] NSWSC 1551 - Re Remolink Pty Ltd (19 October 2020) - Re Ryals Hotel Pty Ltd [2020] NSWSC 1906 - Spencer Constructions Pty Ltd v G & M Aldridge Pty Ltd (1997) 24 ACSR 353 Category: Principal judgment Parties: Goodman Fielder Consumer Foods Pty Limited (Plaintiff) GT's Cooking Oils Pty Ltd (Defendant) Representation: Counsel: Mr R Basta (Solicitor) (Plaintiff)