In the matter of ACN 613 909 596 Pty Ltd (formerly Minle Wine Negociants of Australia Pty Ltd) (subject to Deed of Company Arrangement) [2023] NSWSC 801

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 613 909 596 Pty Ltd (formerly Minle Wine Negociants of Australia Pty Ltd) (subject to Deed of Company Arrangement) [2023] NSWSC 801 Hearing dates: Last submissions as to orders and costs 7 July 2023 Decision date: 10 July 2023 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders to give effect to judgment made; ordered that the Fourth Defendant pay the Plaintiff's costs; orders that the Administrator's costs (excluding the costs of attending the hearing) be paid from the Deed Fund; and orders that the Second and Third Defendant transfer balance of Deed Fund less specified costs to liquidators Catchwords: COSTS – Party/Party – Where administrator sought costs of appearance – Whether administrator's costs should be ordered CORPORATIONS – Deed of company arrangement – Trusts – Where deed of company arrangement terminated – Whether funds held in the deed fund are held on trust ORDERS – Determination as to form of orders to give effect to earlier judgment Legislation Cited: - Civil Procedure Act 2005 (NSW), s 98 - Corporations Act 2001 (Cth), ss 446AA, 447A, 491, 499(2D) - Corporations Regulations 2001 (Cth), Sch 8A - Insolvency Practice Schedule (Corporations), s 90-15 Cases Cited: - Adelaide Brighton Cement Ltd, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to a Deed of Company Arrangement) (No 6) [2020] FCA 928 - Commonwealth of Australia v Rocklea Spinning Mills Pty Limited (2005) 145 FCR 220; [2005] FCA 902 - Dean-Willcocks v ACG Engineering Pty Ltd (in liq) (2003) 45 ACSR 290; [2003] NSWSC 353 - Federal Commissioner of Taxation v All Suburbs Car Repairs Pty Limited (1994) 14 ACSR 753 - Kirwan v Cresvale Far East Ltd (2002) 44 ACSR 21; [2002] NSWCA 395 - Lombe v Wagga Leagues Club Ltd [2006] NSWSC 3 - MCCA Asset Management Ltd v Kamata Homes Pty Ltd (Admins Appointed) (No 2) [2019] VSC 842 - Re Antqip Hire Pty Ltd (subject to deed of company arrangement) (in liq) [2020] NSWSC 487 - Re Bluechain (No 3) [2021] VSC 420 - Re Jick Holdings Pty Ltd (in liq) (2009) 72 ACSR 387; [2009] NSWSC 574 - Shepard v Sports Mondial of Australia Pty Ltd (in liq) (2005) 53 ACSR 746; [2005] NSWSC 432 Category: Costs Parties: Monoova Global Payments Pty Ltd (Plaintiff) ACN 613 909 596 Pty Ltd (subject to Deed of Company Arrangement) (First Defendant) Michael Hogan as deed administrator of ACN 613 909 596 Pty Ltd (subject to Deed of Company Arrangement) (Second Defendant) Brendan Copeland as deed administrator of ACN 613 909 596 Pty Ltd (subject to Deed of Company Arrangement) (Third Defendant) Thanh Heip Le (Fourth Defendant) Representation: Counsel: J Foley (Plaintiff) A Jordan (First to Third Defendants) L T Fermanis (Fourth Defendant)