In the matter of EKMM Pty Ltd [2022] NSWSC 1367

Supreme Court New South Wales

Medium Neutral Citation: In the matter of EKMM Pty Ltd [2022] NSWSC 1367 Hearing dates: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Equity Before: Peden J Decision: 1. Order pursuant to s 467(3)(b) of the Corporations Act 2001 (Cth) that the time limit for the plaintiffs to serve the Form 519 Notification in respect of the company EKMM Pty Ltd (In Liquidation) (ACN 631 458 207) (Company) pursuant to s 470(1)(a) of the Act be dispensed with. 2. Order pursuant to s 459A of the Corporations Act that the Company be wound up in insolvency. 3. Order that the first plaintiffs, Jonathon Sherwood Keenan and Peter Paul Krejci, be appointed as joint and several liquidators of the Company. 4. Order pursuant to s 513A(a) of the Corporations Act that the date of winding up of the Company be 28 February 2022, being the date on which the Company was placed in members' voluntary liquidation. 5. Order pursuant to s 477(2B) of the Corporations Act that the first plaintiffs have the approval of the Court, nunc pro tunc, to enter into the agreements described as the "Solicitors' Retainer" and the "Counsel's Retainer", copies of which are contained in Confidential Exhibit JK-2. 6. Order that the plaintiffs' costs of this application be paid out of the property of the Company in accordance with s 556(1)(b) of the Corporations Act. Catchwords: CORPORATIONS — Winding up — Liquidators — Costs and expenses — Where company originally considered solvent and process commenced for members' voluntary liquidation — Where conduct of directors indicated company was no longer solvent — Whether company should be wound up — Whether Court should dispense with notice requirements Legislation Cited: Corporations Act 2001 (Cth) ss 459A, 467, 477, 513A, 556 Corporations Regulations 2001 (Cth) r 5.4.01A. Cases Cited: DJG Securities Pty Ltd [2013] NSWSC 588 Re Alon Pty Ltd [2022] NSWSC 64 Category: Principal judgment Parties: Jonathon Sherwood Keenan and Peter Paul Krejci (First Plaintiff) EKMM Pty Ltd (Second Plaintiff) Alan Brian Evans (First Defendant) Mutti-Ur-Rehman Khan (Second Defendant) Representation: Counsel: D Robertson (First Plaintiff) No appearance (Second Plaintiff) No appearance (First Defendant) No appearance (Second Defendant)