In the matter of Trinity Constructions (Aust) Pty Ltd (Administrator Appointed) [2021] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Trinity Constructions (Aust) Pty Ltd (Administrator Appointed) [2021] NSWSC 1277 Hearing dates: 20 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made dismissing the application to adjourn the winding up and subsequently winding up the company. Catchwords: CORPORATIONS — Winding up — Practice and procedure — Application for adjournment of winding up — Where application brought several weeks after administrator was appointed — Where there are difficulties with proposed deed of company arrangement — Whether to adjourn the winding up. CORPORATIONS — Winding up — Insolvency — Where application founded upon unpaid creditor's statutory demand — Where presumption of insolvency not rebutted. Legislation Cited: - Corporations Act 2001 (Cth), s 440A Cases Cited: - Deputy Commissioner of Taxation v Bradley Keeling Management Pty Ltd (2003) 44 ACSR 377; [2003] NSWSC 47 - Re Denham Constructions Pty Limited [2016] NSWSC 1425 - Re Denham Constructions Pty Limited [2016] NSWSC 1426 - Re Ming Tian Real Property Pty Ltd [2021] NSWSC 912 - Re Offshore & Ocean Engineering Pty Ltd [2012] NSWSC 1296 - Weriton Finance Pty Ltd v PNR Pty Ltd (in admin) (2012) 92 ACSR 88; [2012] NSWSC 1402 Category: Principal judgment Parties: Hume Plasterboard Pty Ltd (Plaintiff) Trinity Constructions (Aust) Pty Ltd (Administrator Appointed) (Defendant) Representation: Counsel: G McDonald (Plaintiff) H Somerville (Voluntary Administrator of Defendant)