Re Alon Pty Ltd [2022] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: Re Alon Pty Ltd [2022] NSWSC 64 Hearing dates: 7 February 2022 Date of orders: 7 February 2022 Decision date: 07 February 2022 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act), the first defendant, Alon Pty Ltd, be wound up. (2) That Brian Raymond Silvia and Geoffrey Peter Granger be appointed as the liquidators of the first defendant. (3) Pursuant to s 472(6) of the Act, declare that anything required or authorised by the Act to be done by the liquidator of the company may be done by any of the liquidators. (4) Pursuant to s 467(3)(b) of the Act and r 5.6(1) of the Supreme Court (Corporations) Rules 1999 (NSW), the requirement to advertise the application under s 465A(1)(c) of the Act and r 5.6 of the Corporations Rules be dispensed with. (5) Pursuant to s 467(3)(b) of the Act, the requirement that the application be served on the company under s 465A(1)(b) of the Act be dispensed with. (6) That the plaintiff's costs of the winding up application be paid out of the assets of the first defendant. (7) That these orders be entered forthwith. Catchwords: CORPORATIONS – external administration – whether appropriate to wind up company on just and equitable ground – Corporations Act 2001 (Cth) s 461(1)(k) – where assets requiring urgent preservation – where directors cannot ascertain solvency of company – where liquidator would have powers of investigation – where application not opposed – company wound up. Legislation Cited: Corporations Act 2001 (Cth), ss 9, 175, 233(1)(a), 461(1)(k), 462(c), 465A(1)(c), 465A(1)(c), 467(3)(b), 467(4), 472(6), 530 Supreme Court (Corporations) Rules 1999 (NSW), r 5.6(1) Cases Cited: Re Alon Pty Ltd [2021] NSWSC 1021 Re Catombal Investments Pty Ltd [2012] NSWSC 775 Re Gearhouse BSI Pty Ltd [2021] NSWSC 98 Re Hercules Car Parking Systems (Victoria) Pty Ltd [2018] NSWSC 409 The Application of Richard Neal in his capacity as administrator of the Estate Late Paula Hewit [2021] NSWSC 1489 Category: Principal judgment Parties: Richard John Neal as administrator of the estate of the late Paula Claire Hewit (Plaintiff) Alon Pty Ltd (First defendant) Alan Michael Hewit (Second defendant) Representation: Counsel: Mr C Tam (Plaintiff) Mr J Li (Second respondent)