Re Harmony Homes Pty Ltd (in liq) (No 2) [2023] NSWSC 816

Supreme Court New South Wales

Medium Neutral Citation: Re Harmony Homes Pty Ltd (in liq) (No 2) [2023] NSWSC 816 Hearing dates: 10 July 2023 Date of orders: 10 July 2023 Decision date: 10 July 2023 Jurisdiction: Equity - Corporations List Before: Ball J Decision: See [8] Catchwords: CORPORATIONS — Winding up — Voidable transactions — Unfair preferences — Separate question — Whether company was insolvent in the six months prior to its entry into external administration, or at some date in that period —Liquidator's report clearly establish that the Company could not pay its debts, as and when they fell due Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Sutherland & Anor as joint liquidators of Australian Coal Technology v Hanson Construction Materials Pty Ltd [2009] NSWSC 232 Category: Procedural rulings Parties: Jason Porter as Liquidator of Harmony Homes Pty Limited (In Liquidation) (Plaintiff) Bunnings Group Limited (First Defendant) Teepee Metal Roofing Pty Ltd (Second Defendant) Nezz & Co Pty Ltd t/as Kaizen Tiles (Third Defendant) John Zahra (Fourth Defendant) Ozi Render & Construction Pty Ltd (Fifth Defendant) MD Brick (NSW) Pty Ltd (Sixth Defendant) Wayne Taylor Holdings Pty Limited t/as Taylor Group Plumbing (Seventh Defendant) Davtan Interiors Pty Ltd (Eighth Defendant) Representation: Counsel: JR Anderson (Plaintiff) N Larman-Yalda (First Defendant)