In the matter of Robust Construction Services Pty Ltd (in liquidation) and Robust Construction Services 2 Pty Ltd (in liquidation) [2023] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Robust Construction Services Pty Ltd (in liquidation) and Robust Construction Services 2 Pty Ltd (in liquidation) [2023] NSWSC 1156 Hearing dates: 11 September 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See below at [29] Catchwords: CORPORATIONS — Creditors voluntary winding up of two companies — Where validity of resolutions appointing administrators, and by extension resolutions passed at second creditors' meeting to wind up companies in question — Application by liquidators for validation of administrators appointment under s 447A of the Corporations Act 2001 (Cth) — Making of orders under s 447A consistent with the objectives of pt 5.3A of the Act Legislation Cited: Corporations Act 2001 (Cth) ss 435A, 436A, 439C(c), 446A, 447A, 447A(4)(f), 588FF, 596A, 596B, Pts 5.3A, 5.5, 5.6 Cases Cited: Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd (2004) 49 ACSR 1; [2004] FCA 130 Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; (2000) 74 ALJR 991; (2000) 172 ALR 28; (2000) 34 ACSR 250; (2000) 18 ACLC 500; [2000] HCA 30 Darin re Palamedia Limited) [2010] NSWSC 451 Foodora Australia Pty Ltd (Administrators Appointed) [2018] NSWSC 1426 Frisken, in the matter of NPH Group Pty Ltd (in liq) [2021] FCA 1155 Hayes v Doran [No 2] [2012] WASC 486 (S) Hutton, in the matter of Big Village Australia Pty Ltd (Administrators Appointed) [2023] FCA 48 In the matter of AMJ Transport NSW Pty Ltd (in liquidation) ACN 164 981 837 [2019] NSWSC 818 Re One.Tel Ltd (2002) 171 FLR 206; (2002) 43 ACSR 305; [2002] NSWSC 1081 Re Wood Parsons Pty Ltd (in liquidation) (2002) 43 ACSR 257; (2002) 21 ACLC 111; [2002] NSWSC 1058 Singleton v 24 Hr Cranes Pty Ltd [2003] NSWSC 1156 Texts Cited: N/A Category: Principal judgment Parties: Philip Campbell-Wilson and John Edgar McInerney in their capacity as liquidators of Robust Construction Services Pty Ltd (in liquidation) ACN 621 362 196 and Robust Construction Services 2 Pty Ltd (in liquidation) ACN 623 302 367 (Plaintiffs) Representation: Counsel: Mr J Hynes (Plaintiffs)