In the matter of Pacific Plumbing Group Pty Ltd (in liq) [2024] NSWSC 34

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pacific Plumbing Group Pty Ltd (in liq) [2024] NSWSC 34 Hearing dates: 30 January 2024 Date of orders: 1 February 2024 Decision date: 01 February 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: First Plaintiff found to have been insolvent for the whole of the period from 31 March 2020 up to and including 7 September 2020. Catchwords: CORPORATIONS — Winding up — Voidable transactions — Separate question as to solvency of company — Whether Company was insolvent during the relevant period. Legislation Cited: - Corporations Act 2001 (Cth), ss 95A, 588FA, 588FC, 588FE and 588FF Cases Cited: - Australian Securities and Investments Commission v Plymin (No 1) (2003) 175 FLR 124; (2003) 46 ACSR 126; [2003] VSC 123 - Elliott v Australian Securities and Investments Commission (2004) 10 VR 369; (2004) 48 ACSR 621; [2004] VSCA 54 - Quick v Stoland Pty Ltd (1998) 87 FLR 371; 157 ALR 615; (1998) 29 ACSR 130 - Re BBY Ltd (Receivers and Managers Appointed) (in liq) and BBY Holdings Pty Ltd (Receivers and Managers Appointed) (in liq) (2022) 409 ALR 558; [2022] NSWSC 29 - Re Bias Boating Pty Limited (recs and mgrs apptd) (in liq) [2018] NSWSC 1977 - Re Custom Bus Australia Pty Limited (in liq) [2021] NSWSC 1036 - Re Harmony Homes Pty Ltd (in liq) (No 2) [2023] NSWSC 816 - Re Swan Services Pty Limited (in liq) [2016] NSWSC 1724 - Southern Cross Interiors Pty Ltd (in liq) v Deputy Commissioner of Taxation (2001) 53 NSWLR 213; (2001) 39 ACSR 305; [2001] NSWSC 621 - Sutherland & Anor as joint liquidators of Australian Coal Technology v Hanson Construction Materials Pty Ltd [2009] NSWSC 232 - SX Projects Pty Ltd (in liq) v Battaglia [2018] NSWSC 1830 Category: Procedural rulings Parties: Pacific Plumbing Pty Ltd (in liq) (First Plaintiff) David Anthony Hurst in his capacity as liquidator of Pacific Plumbing Pty Ltd (in liq) (Second Plaintiff) Leidan Excavations Pty Ltd (First Defendant) Ntex Pty Ltd (Second Defendant) Syfon Systems Pty Ltd (Third Defendant) Top End Hydraulic Services Pty Ltd t/as Forecast Machinery (Sixth Defendant) Corestaff NT Pty Ltd (Seventh Defendant) C & V Concretors (N.T.) Pty Ltd (Eighth Defendant) Representation: Counsel: B May (Plaintiffs)