In the matter of Stellar Agritech Pty Ltd [2023] NSWSC 1003

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Stellar Agritech Pty Ltd [2023] NSWSC 1003 Hearing dates: 18 August 2023 Date of orders: 18 August 2023 Decision date: 22 August 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [60]. Catchwords: CORPORATIONS – voluntary administrator – where doubts raised by shareholder and creditor about the validity of the administrators' appointment – where doubts lack substance – declaration made pursuant to Corporations Act 2001 (Cth), s 447C(2) that appointment of administrators was valid. Legislation Cited: Corporations Act 2001 (Cth), pt 5.3A, ss 237, 286, 436A, 447C(1), 447C(2), 447A(1), 588G, 1322(4) Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 63.86 Cases Cited: In the matter of Condor Blanco Mines [2016] NSWSC 1196 In the matter of HPI Australia Pty Ltd (2008) 26 ACLC 1,230; [2008] NSWSC 1106 In the matter of Lesso Building Material Trading (Sydney) Pty Limited (administrators appointed) [2018] NSWSC 1486 Londish v Sheahan; Re Valofo Pty Ltd [2010] NSWSC 337 Nipps (Administrator) v Remagen Lend ADA Pty Ltd; In the matter of Adaman Resources Pty Ltd (Administrators Appointed) [2021] FCA 520 Category: Procedural rulings Parties: John Chand & Patrick Loi in their capacity as joint and several administrators of Stellar Agritech Pty Ltd (administrators appointed) ACN 611 083 544 (Plaintiff) Stellar Agritech Pty Ltd (administrators appointed) ACN 611 083 544 (Defendant) Representation: Counsel: Mr F Tao (Plaintiff)