In the matter of Antpet Pty Ltd (in liq) [2024] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Antpet Pty Ltd (in liq) [2024] NSWSC 155 Hearing dates: 19 February 2024 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: See [20]-[26] Catchwords: CORPORATIONS — Receivers and managers — Appointment by court — Appointment of receiver for the purpose of selling property and distributing proceeds amongst creditors CORPORATIONS — Winding up — Conduct of liquidation — Application of assets — Order entitling liquidator as receiver to retain funds to account for remuneration expenses and discharge future liabilities CORPORATIONS — Winding up — Conduct of liquidation — Application of assets — Order that any remaining funds from the sale of the property be paid into Court Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: In the matter of Brimson Pty Ltd; Ex parte Cremin (2019) 136 ACSR 649; [2019] FCA 1023 In the matter of Stansfield DIY Wealth Pty Ltd (in liq) (2014) 291 FLR 17; [2014] NSWSC 1484 Sprowles, in the matter of Triumph N Triumph Pty Limited (in liq) [2019] FCA 1461 Category: Principal judgment Parties: Antpet Pty Ltd (In Liquidation) (First Plaintiff) Nicarson Natkunarajah in his capacity as Liquidator of Antpet Pty Ltd (In Liquidation) (Second Plaintiff) Anthony Zamattia (First Defendant) David Zamattia (Second Defendant) Salvatore Zamattia (Third Defendant) Representation: Counsel: Cleary T (Plaintiff)