In the matter of Courtenay House Capital Trading Group Pty Ltd (in liq) [2021] NSWSC 256

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Courtenay House Capital Trading Group Pty Ltd (in liq) [2021] NSWSC 256 Hearing dates: 9 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Directions made as to issues arising in distribution of funds Catchwords: CORPORATIONS – unregistered managed investment scheme – winding up – application for directions as to distribution of funds deposited by particular category of investors Legislation Cited: - Corporations Act 2001 (Cth) Sch 2, s 90-15 - Trustee Act 1925 (NSW) s 63 Cases Cited: - Black v S Freedman & Co (1910) 12 CLR 105 - Caron and Seidlitz v Jahani and McInerney in their capacity as liquidators of Courtenay House Pty Ltd (in liq) & Courtenay House Capital Trading Group Pty Ltd (in liq) (2020) 382 ALR 158; [2020] NSWCA 117 - Equititrust Ltd (in liq) (rec apptd) (recs and mgrs apptd) v Equititrust Ltd (in liq) (rec apptd) (recs and mgrs apptd) (No 4) [2017] FCA 1133 - K Sheridan v Colin Biggers & Paisley [2019] NSWSC 528 - Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66; [2008] HCA 42 - Marley v Mutual Security Merchant Bank and Trust Co Ltd [1991] 3 All ER 198 - Re Australian Pipeline Ltd (2006) 60 ACSR 625; [2006] NSWSC 1316 - Re Courtenay House Capital Trading Group Pty Limited (in liq) and Courtenay House Pty Limited (in liq) (2018) 125 ACSR 149; [2018] NSWSC 404 - Re Courtenay House Capital Trading Group Pty Limited (in liquidation) and Courtenay House Pty Limited (in liq) [2019] NSWSC 1113 - Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2020] NSWSC 780 - Re Go Energy Group Ltd [2019] NSWSC 558 - Re Hawden Property Group Pty Ltd (2018) 125 ACSR 355; [2018] NSWSC 481 - Re Montpac Pty Ltd (in liq) and Global Network Link Pty Ltd (in liq) [2020] NSWSC 1237 - Re Plutus Payroll Australia Pty Ltd (in liq) (2019) 139 ACSR 536; [2019] NSWSC 1171 - Residential Housing Corp v Esber (2011) 80 NSWLR 69; [2011] NSWCA 25 - Walley; Re Poles & Underground Pty Ltd (admins apptd) [2017] FCA 486 - Warner (liquidator), Re Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Category: Procedural rulings Parties: Said Jahani and John McInerney in their capacity as Joint and Several Liquidators of Courtenay House Pty Ltd (in liq) and Courtenay House Capital Trading Group Pty Ltd (in liq) (First Applicants) Courtenay House Capital Trading Group Pty Ltd (in liq) (Second Applicant) Courtenay House Pty Ltd (in liq) (Third Applicant) Representation: Counsel: Ms L Hulmes (Applicants) Mr A Macinnis (Interested Party) Mr A Kaylinger (Interested Party) Mr G Phelps (Interested Party)