In the matter of Bright Star Laundry Pty Limited [2021] NSWSC 1029

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bright Star Laundry Pty Limited [2021] NSWSC 1029 Hearing dates: 2 August 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Originating Process dismissed with costs. Catchwords: CORPORATIONS — Winding up — Whether applicant should be considered a creditor of the company — Question as to whether the whole debt or only principal amount assigned to third party. CORPORATIONS — Winding up — Whether application an abuse of process — Where notice of assignment ambiguous as to whether both principal and interest assigned — Where garnishee orders also made in another court — Where impossible for company to know who to pay in response to creditor's statutory demand in order to avoid presumption of insolvency and consequential winding up. Legislation Cited: - Conveyancing Act 1919 (NSW), s 12 - Corporations Act 2001 (Cth), ss 459A, 459J, 459S, 467 Cases Cited: - Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2007) 69 NSWLR 374; (2007) 61 ACSR 441; [2007] NSWCA 57 - Australian Beverage Distributors Pty Ltd v Redrock Co Pty Ltd (2007) 213 FLR 450; [2007] NSWSC 966 - FAI Insurances Ltd v Goldleaf Interior Decorators Pty Ltd (No 2) (1988) 14 NSWLR 643 - L & D Audio Acoustics Pty Ltd v Pioneer Electronic Aust Pty Ltd (1982) 7 ACLR 180 - Re Gladstone Mortgagee No 1 Pty Ltd [2015] NSWSC 1551 - Re Huizhong Investment Group Pty Ltd [2018] NSWSC 390 - Re Ryals Hotel Pty Ltd (2020) 149 ACSR 626; [2020] NSWSC 1906 - TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd (2007) 25 ACLC 1371; [2007] NSWSC 1074 - TS Recoveries Pty Ltd v Sea-Slip Marinas (Aust) Pty Ltd [2007] NSWSC 1410 - Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Principal judgment Parties: Paul Mervyn Fordyce formerly t/as PMF Legal (Plaintiff) Bright Star Laundry Pty Ltd (Defendant) Representation: Counsel: P Fordyce (self-represented) (Plaintiff) N Nevell (Solicitor) (Defendant)