In the matter of NW and RS Enterprises Pty Ltd [2021] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: In the matter of NW and RS Enterprises Pty Ltd [2021] NSWSC 438 Hearing dates: 22 and 26 February and 23 April 2021 Date of orders: 28 April 2021 Decision date: 28 April 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See paragraph [60]. Catchwords: CORPORATIONS – winding up – application under s 482 of the Corporations Act 2001 (Cth) to terminate a winding up – where funds set aside to pay company's debt to Commissioner of Taxation – where Deed of Settlement and Release will take effect on the winding-up being terminated, releasing other debts and removing underlying cause of the winding up order. Legislation Cited: Corporations Act 2001 (Cth), ss 461, 482 Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: NWEC Pty Ltd v NW & RS Enterprises Pty Ltd [2019] NSWSC 149 Re Modena Imports Pty Ltd (in liq) [2010] NSWSC 739 Re Parkway One Pty Ltd (in liq) [2019] NSWSC 1495 Re Spartan Pastoral Company Pty Ltd (in liq) [2020] NSWSC 1218 Category: Principal judgment Parties: Raphel Shin Enterprises Pty Ltd ACN 103 452 473 (Applicant) NW and RS Enterprises Pty Ltd (In Liquidation) ACN 126 857 047 (Defendant) Commissioner of Taxation (Interested Party) Representation: Counsel: Mr C Wood SC (Plaintiff) Mr S Agosta (Defendant) Ms J Patrick (Commissioner of Taxation)

Solicitors: H & H Lawyers (Plaintiff) Nelson McKinnon Lawyers (Defendant) McInnes Wilson Lawyers (Interested Party) File Number(s): 2020/359492 Publication restriction: N/A