Re Brew Still Pty Ltd (admin apptd) [2023] NSWSC 256

Supreme Court New South Wales

Medium Neutral Citation: Re Brew Still Pty Ltd (admin apptd) [2023] NSWSC 256 Hearing dates: 17 March 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Decline to adjourn winding up application and winding up order made Catchwords: CORPORATIONS — Winding up — Practice and procedure — Application to adjourn winding up application under Corporations Act 2001 (Cth) s 440A(2) — Where administrator appointed shortly before winding up proceedings — Where winding up application previously opposed on ground of solvency — Short adjournment sought for several purposes — Whether adjournment in creditors' interest CORPORATIONS — Winding up — Failure to comply with creditor's statutory demand — Presumption of insolvency — Where no solvency evidence led by Company Legislation Cited: • Corporations Act 2021 (Cth), ss 198G, 440A, 459F, 466 Cases Cited: • Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (2011) 244 CLR 1; [2011] HCA 18 • Deputy Commissioner of Taxation v Fyna Constructions (Hire and Sales) Pty Ltd (admins apptd) [2019] FCA 578 • Re Australian Tailings Group Pty Ltd [2020] NSWSC 1543 • Re Business in Focus Pty Ltd [2015] NSWSC 2074 • Re Ming Tian Real Property Pty Ltd [2021] NSWSC 912 • Re New View Windows Pty Ltd trading as Narellan Windows and Glass [2020] NSWSC 1905 • Re Reed Constructions Australia Pty Ltd [2012] NSWSC 1045 • Re Trinity Constructions (Aust) Pty Ltd (admin apptd) [2021] NSWSC 1277 • Re Victor Sports Pty Ltd [2021] NSWSC 1148 • Re Wetherill Park Holdings Pty Ltd [2021] NSWSC 282 Category: Principal judgment Parties: Adhub Pty Ltd (First Plaintiff) Media Buyers Pty Ltd (Second Plaintiff) Brew Still Pty Ltd (Defendant) Deputy Commissioner of Taxation (Supporting Creditor) Representation: Counsel: Harris D (First and Second Plaintiff) McGrath M (Defendant) K Metlej (Solicitor) (Supporting Creditor)