In the matter of APM Security Plan Sickness & Accident Fund (in liq) [2024] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: In the matter of APM Security Plan Sickness & Accident Fund (in liq) [2024] NSWSC 145 Hearing dates: 19 February 2024 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Direct the liquidator to provide short minutes of order to give effect to judgment. Catchwords: CORPORATIONS – Winding up – application by liquidator for direction as to which rules of fund are operative. CORPORATIONS – Winding up – application by liquidator for direction as to when fund was dissolved – direction as to entitlement of members and former members to share in distribution of fund assets. Legislation Cited: - Insolvency Practice Schedule (Corporations) 2016 ss 90-15, 90-20 - Trustee Act 1925 (NSW) s 63 - Corporations Act 2001 (Cth) s 583 - Uniform Civil Procedure Rules 2005 (NSW) reg 6.29 Cases Cited: - Hanchett-Stamford v Attorney-General [2008] EWHC 330; [2009] Ch 173 - Hickey v Attorney General of the State of New South Wales [2021] NSWSC 772 - Re GKN Bolts and Nuts Ltd [1982] 1WLR 774 - Re Octaviar Administration Pty Ltd (in liq) [2015] NSWSC 1556 - Re William Denby and Sons Ltd Sick and Benevolent Fund [1971] 1 WLR 973 Category: Procedural rulings Parties: KordaMentha Shelf Co (AMPSPSAF) Pty Ltd (Plaintiff) Catherine Margaret Conneely and Scott David Harry Langdon in their capacity as joint and several liquidators of the ASPM Security Plan Sickness & Accident Fund (in liquidation) (Applicants) Representation: Counsel: D Stack (Applicants)