In the matter of Ming Tian Real Property Pty Ltd [2021] NSWSC 912

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ming Tian Real Property Pty Ltd [2021] NSWSC 912 Hearing dates: 19 July 2021 Date of orders: 19 July 2021 Decision date: 19 July 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Administrators' application for adjournment of winding up dismissed and administrators to pay costs of the application. Orders otherwise made winding up the company in insolvency. Catchwords: CORPORATIONS — Winding up — Practice and procedure — Application for adjournment of winding up — Where administrators recently appointed — Whether requirements satisfied. CORPORATIONS — Winding up — Insolvency — Where application founded upon unpaid creditor's statutory demand. COSTS – Costs of unsuccessful application to adjourn winding up application — Whether administrators should be liable for those costs. Legislation Cited: - Corporations Act 2001 (Cth), ss 440A, 467 Cases Cited: - FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 - Maylord Equity Management Pty Ltd v Reel Time Media Ltd (No 2) [2008] NSWSC 1133 - Re Australian Tailings Group Pty Ltd [2020] NSWSC 1543 - Re Glenvine Pty Ltd [2020] NSWSC 642 - Re I-Prosperity Capital Pty Ltd [2020] NSWSC 1116 - Re Integrated Green Energy Solutions Ltd (admins apptd) [2021] NSWSC 620 - Re Offshore and Ocean Engineering Pty Ltd [2012] NSWSC 1296 Category: Principal judgment Parties: Luckyfloor Pty Ltd (Plaintiff) Ming Tian Real Property Pty Ltd (Administrator of Defendants) Representation: Counsel: A Katsoulas (Plaintiff) J Hidayat (Solicitor – Administrator of Defendants)