In the matter of Rynever Pty Ltd [2024] NSWSC 156

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Rynever Pty Ltd [2024] NSWSC 156 Hearing dates: 19 February 2024 Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders for winding up and appointment of liquidator made. Catchwords: CORPORATIONS - Members' rights and remedies - Where common ground that there has been a failure in the relationship between shareholders - Whether winding up on the just and equitable ground should be ordered. CORPORATIONS - Winding up - Application to appoint liquidator - Whether Plaintiffs' nominee should be appointed - Where Defendants' proposed liquidator had begun preparatory works in respect of voluntary winding up proposed by Defendants. Legislation Cited: Corporations Act 2001(Cth) s 461 Cases Cited: - Fexuto Pty Limited v Bosnjak Holdings Pty Limited (2001) 37 ACSR 672 - Re A J Roberts Removals and Storage Pty Limited [2017] NSWSC 17054 - Re FW Projects Pty Limited (in liq) [2019] NSWSC 892 - Re Munja Bakehouse Pty Limited [2024] NSWSC 6 Category: Principal judgment Parties: Benfield Investments Pty Ltd (First Plaintiff) Trenton James Benfield (Second Plaintiff) Dean Andrew Benfield (Third Plaintiff) Wayne Mark Benfield (Fourth Plaintiff) Beverley Dawn Benfield (Fifth Plaintiff) Rynever Pty Ltd (First Defendant) Maxton Fox Commercial Furniture Pty Ltd (Second Defendant) Richard Grenville Lewis (Third Defendant) Dennis Leonard Dwight Hall (Fourth Defendant) Representation: Counsel: D Nagle (Plaintiffs) D Krochmalik (Defendants)