In the matter of Mudgee Dolomite & Lime Pty Limited (in liquidation) [2021] NSWSC 1350

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mudgee Dolomite & Lime Pty Limited (in liquidation) [2021] NSWSC 1350 Hearing dates: 20 October 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with orders 3-6 of the Plaintiffs' short minutes of order and for return of exhibits. Catchwords: CORPORATIONS — Winding up — Liquidators — Application for directions with respect to an asset sale agreement entered into by the company and associated transactions. CORPORATIONS — Winding up — Liquidators — Investigations — Direction made that liquidators are justified in undertaking investigations as to failure of company to acquire relevant property, and in potentially conducting consequential proceedings subject to any further direction by the Court. Legislation Cited: - Insolvency Practice Schedule (Corporations), s 90-15 Cases Cited: - Walley, Re Poles & Underground Pty Ltd (admins apptd) [2017] FCA 486 - Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2021] NSWSC 256 - Re Plutus Payroll Australia Pty Ltd (in liq) (2019) 139 ACSR 536; [2019] NSWSC 1171 Category: Procedural rulings Parties: Robert Francis Murdoch (Plaintiff) Jennifer Nettleton and Rahul Goyal in their capacity as joint and several liquidators of Mudgee Dolomite & Lime Pty Limited (In Liquidation) (Second Plaintiffs) Mudgee Dolomite & Lime Pty Limited (in liquidation) (First Defendant) Brian Murdoch (Second Defendant) Representation: Counsel: J Hutton (Second Plaintiffs) T Cork (Solicitor) (Second Defendant)