In the matter of Dansar Pty Ltd [2018] NSWSC 1418

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dansar Pty Ltd [2018] NSWSC 1418 Hearing dates: 14, 20 August 2018 Date of orders: 20 August 2018 Decision date: 20 August 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: (1) The Originating Process filed on 16 July 2018 as subsequently amended be dismissed with costs; and (2) The exhibits may be returned. Catchwords: CORPORATIONS – Winding up – Practice and procedure – Application for stay – Where satisfactory explanation for why winding up order made in absence of company – Where, however, company not solvent – Where no prospects of disturbing costs orders which constitute part of company's debts – Where other causes of action available to the company are highly speculative – Application refused CORPORATIONS – Winding up – Statutory demand – Defect in demand – Defect in address for service – No utility in setting aside when company plainly insolvent Legislation Cited: (CTH) Corporations Act 2001, ss 459E, 482 (NSW) Land and Environment Court Act 1979, s 57(1) (NSW) Supreme Court (Corporations) Rules 1999, r 16.1 (NSW) Uniform Civil Procedure Rules 2005, r 36.16 Cases Cited: Clone Pty Ltd v Players Pty Ltd (in liq); (2018) 264 CLR 165; [2018] HCA 12 Codlea Pty Ltd v Byron Shire Council (1999) 105 LGERA 370; [1999] NSWCA 399 Dansar Pty Ltd v Byron Shire Council (2013) 196 LGERA 39; [2013] NSWSC 17 Dansar Pty Ltd v Byron Shire Council (2014) 89 NSWLR 1; [2014] NSWCA 364 Glass Recycling Pty Ltd, In the matter of [2014] NSWSC 439 Glenevan Pty Ltd, In the matter of [2015] NSWSC 201 International Materials & Technologies Pty Ltd, In the matter of (2013) 282 FLR 362; [2013] NSWSC 787 James v Commonwealth (1939) 62 CLR 339; [1939] HCA 9 K-Bek Motors Pty Ltd, In the matter of [2017] NSWSC 1838 Northern Territory v Mengel (1995) 185 CLR 307; [1995] HCA 65 Racz v Home Office [1994] 2 AC 45; 2 WLR 23 Slap Corporation v Civil, Infrastructure & Logistics Pty Ltd (2017) 50 VR 542; [2017] VSC 168 Vaughan v Byron Shire Council (Land and Environment Court (NSW), Commissioner Hoffman, 15 March 2002, unrep) Vaughan v Byron Shire Council (No 2) [2002] NSWLEC 158 Category: Principal judgment Parties: John Bernard Vaughan (Plaintiff) Daniel Quinn as the liquidator of Dansar Pty Ltd (in liq) (First Defendant) Byron Shire Council (Second Defendant) Dansar Pty Ltd (in liq) (Third Defendant) Representation: Counsel: M Harris (Plaintiff) K Madwick (First and Third Defendants) D Woods (Second Defendant)