In the matter of ENA Development Pty Ltd (in liq) [2022] NSWSC 919

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ENA Development Pty Ltd (in liq) [2022] NSWSC 919 Hearing dates: 14-15 June 2022; further written submissions 17 and 29 June 2022 and 6 and 7 July 2022 Decision date: 11 July 2022 Jurisdiction: Equity - Corporations List Before: Stevenson J Decision: Liquidator is justified in treating identified assets as beneficially owned by the company Catchwords: CORPORATIONS – winding up – application by liquidator for directions under s 90-15(2) of Sch 2 of the Corporations Act 2001 (Cth) and s 63 of the Trustee Act 1925 (NSW) – whether the liquidator would be justified and would otherwise be acting reasonably to treat identified assets as being owned beneficially by the company Legislation Cited: Corporations Act 2001 (Cth) Duties Act 1997 (NSW) Real Property Act 1900 (NSW) State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 (NSW) Supreme Court Act 1970 (NSW) Trustee Act 1925 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Business Innovation Pty Ltd v Maddison Morgan & Bailey Pty Ltd [2018] NSWSC 1523 Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 In the matter of ENA Development Pty Ltd (in liq) (Supreme Court (NSW), 9 June 2022, Robb J, unrep) In the matter of ENA Development Pty Ltd (in liq) (Supreme Court (NSW), 3 February 2022, Black J, unrep) In the matter of Go Energy Group Ltd [2019] NSWSC 558 In the matter of Montpac Pty Ltd (in liquidation) and Global Network Link Pty Ltd (in liquidation) [2020] NSWSC 1237 Nikitins (Liquidator) v EncoreFX (Australia) Pty Ltd (in liq), in the matter of EncoreFX (Australia) Pty Ltd (in liq) (No 2) [2021] FCA 27 Re Mandeville Group Pty Ltd (In Liq) [2020] VSC 293 Re Matthew Forbes Pty Ltd (In Liq) [2018] VSC 331 Re Stay In Bed Milk and Bread Pty Ltd (In Liq) (2019) 58 VR 446; [2019] VSC 181 Sebie v Bresic Whitney Balmain Pty Ltd [2022] NSWSC 816 Sebie v Pham (No 2) [2021] NSWCA 274 Sebie v Pham (No 3) [2021] NSWCA 277 Sebie v Pham (No 4) [2021] NSWCA 326 Sebie v Pham (No 5) [2022] NSWCA 111 Category: Procedural rulings Parties: Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (in liq) (Plaintiff) ENA Development Pty Ltd (in liq) (First Defendant) One T Development Pty Ltd (Second Defendant) Representation: Counsel: M L Rose (Plaintiff)