In the matter of Salvestrin Enterprises Pty Ltd (in liquidation) [2023] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Salvestrin Enterprises Pty Ltd (in liquidation) [2023] NSWSC 1348 Hearing dates: 2 November 2023 Date of orders: 9 November 2023 Decision date: 09 November 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders below at [28] Catchwords: CORPORATIONS — Receivers and managers — Appointment by court — Application by liquidator for declaration that company in liquidation holds certain property on trust, and for appointment as receiver and manager of the property, assets, and undertaking of that trust — Declaration not granted but order made that liquidator would be justified in treating property as trust asset — Liquidator appointed as receiver and manager Legislation Cited: Corporations Act 2001 (Cth), ss 420, 556, Sch 2 s 90-15 Supreme Court Act 1970 (NSW), s 67 Trustee Act 1925 (NSW), s 59(4) Cases Cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; (2019) 93 ALJR 807; (2019) 368 ALR 390; (2019) 17 ABC(NS) 1; [2019] HCA 20 In re IMF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426 In Re Suco Gold Pty Ltd (in liquidation) (1983) 33 SASR 99; (1983) 7 ACLR 873; (1983) 1 ACLC 895 In the matter of North Food Catering Pty Limited (2014) 32 ACLC 14-049; [2014] NSWSC 77 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) (2018) 260 FCR 310; (2018) 354 ALR 436; (2018) 124 ACSR 568; (2018) 36 ACLC 18-017; (2018) 70 AILR 102-937; [2018] FCAFC 40 One T Development Pty Ltd v Krejci in his capacity as liquidator of ENA Development Pty Ltd [2023] NSWCA 120 Re Independent Contractor Services (Aust) Pty Limited (in liq) (No 2) (2016) 305 FLR 222; (2016) 34 ACLC 16-004; (2016) 11 BFRA 355; [2016] NSWSC 106 Re Indopal Pty Ltd (1987) 12 ACLR 54; (1987) 5 ACLC 278 Re Stansfield DIY Wealth Pty Limited (in liq) (2014) 291 FLR 17; (2014) 103 ACSR 401; (2014) 32 ACLC 14-065; (2014) 9 BFRA 663; [2014] NSWSC 1484 Texts Cited: N/A Category: Procedural rulings Parties: Gavin Moss in his capacity as liquidator of Salvestrin Enterprises Pty Ltd ACN 652 772 284 (Plaintiff) Salvestrin Enterprises Pty Ltd ACN 652 772 284 (in liquidation) (Defendant) Representation: Counsel: Mr AG Martin (Plaintiff) No Appearance (Defendant)