In the matter of Kazakhstan Potash Corporation Limited [2021] NSWSC 531

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kazakhstan Potash Corporation Limited [2021] NSWSC 531 Hearing dates: 30 April 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the defendant company be wound up. Catchwords: CORPORATIONS — Winding up — Application based on failure to comply with creditor's statutory demand — Where debt the subject of the statutory demand was a judgment debt Cases Cited: - Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (recs and mgrs apptd) (2011) 244 CLR 1; [2011] HCA 18 - Re Australasian South Pacific Educational and Commercial Training Incorporated Inc [2018] NSWSC 2048 - Re Gladstone Mortgagee No 1 Pty Ltd [2015] NSWSC 1551 Category: Principal judgment Parties: One Pro Chatswood Pty Ltd (Plaintiff) Kazakhstan Potash Corporation Ltd (Defendant) Representation: Counsel: Mr D. Krochmalik (Plaintiff) Mr W. Shen (Solicitor) (Defendant)

Solicitors: Holding Redlich (Plaintiff) Shens Lawyers (Defendant) File Number(s): 2020/313085

Judgment – ex tempore (Revised 30 April 2021) 1. By Originating Process filed on 2 November 2020, the Plaintiff, One Pro Chatswood Pty Limited ("OPC") applies for the winding up of Kazakhstan Potash Corporation Limited ("KPCL"). Mr Krochmalik appears for OPC. Mr Shen, solicitor, also appeared and informed the Court that his retainer by KPCL has been terminated, although he has not filed a notice of ceasing to act. KPCL did not seek to read evidence and did not make substantive submissions in opposition to the application, and Mr Shen had no instructions in that respect.