NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Reform Projects Pty Ltd v Macarthur Projects Pty Ltd [2022] NSWSC 672 Hearing dates: 24, 25 May 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Equity - Corporations List Before: Parker J Decision: See [51] Catchwords: CORPORATIONS – winding up in insolvency – presumed insolvency from failure to comply with statutory demand – discretion to dismiss or adjourn winding up application – whether discretion should be exercised to allow insolvent company to pursue litigation – winding up order made Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005, s 98 Corporations Act 2001, ss 459P, 459s, 466, 467 Legal Profession Uniform Law 2014 Property (Relationships) Act 1984 Uniform Civil Procedure Rules 2005, r 33.11 Cases Cited: Bungey v Magnate Projects Pty Ltd [2006] NSWSC 734 Deputy Commissioner of Taxation v TD Preece Pty Ltd [2013] FCA 1365 In the Matter of Macarthur Projects Pty Ltd [2021] NSWSC 1705 Category: Principal judgment Parties: Reform Projects Pty Ltd (Plaintiff) Macarthur Projects Pty Ltd (Defendant) Representation: Appearances: D Ratnam (Counsel) (Plaintiff) P Beazley (Solicitor Advocate) (Defendant)
Solicitors: HWL Ebsworth Lawyers (Plaintiff) Beazley Lawyers (Defendant) File Number(s): 2022/35719 Publication restriction: Nil
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