In the matter of DCA Capital Pty Ltd; In the matter of Digital Commodity Assets Pty Ltd [2024] NSWSC 407

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DCA Capital Pty Ltd; In the matter of Digital Commodity Assets Pty Ltd [2024] NSWSC 407 Hearing dates: 17 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Proceedings transferred to the Federal Court of Australia Catchwords: CORPORATIONS — winding up — practice and procedure — application to transfer proceedings to the Federal Court of Australia — where related Federal Court proceedings are on foot — where the same issues arise and the same primary outcome is sought in both the Supreme Court and Federal Court proceedings — where the transfer of proceedings is in the interests of justice Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Re Sumo Australia Ltd [2020] NSWSC 1142; (2020) 147 ACSR 561 Vanis Capital Investments Pty Ltd (as trustee of the Vanis Capital Investment Trust) v Morris [2023] FCA 359 Category: Principal judgment Parties: 2024/00018318 Pubdin Pty Ltd (Plaintiff) DCA Capital Pty Ltd (First Defendant) Peter Brennan, Melody-Ann Hasse, Marcelle Bernard, PBG Pty Ltd, Broadview Investments Pty Ltd (Second to Sixth Defendants) Scott David Harry Langdon, Jennifer Anne Nettleton and John Mouawad, in their capacity as joint and several provisional liquidators of DCA Capital (Provisional Liquidators/Seventh to Ninth Defendants/Applicants)

2024/00018320 Corpsand Pty Ltd (Plaintiff) Digital Commodity Assets Pty Ltd (First Defendant) Peter Brennan, Melody-Ann Hasse, Marcelle Bernard, PBG Pty Ltd, Broadview Investments Pty Ltd (Second to Sixth Defendants) Scott David Harry Langdon, Jennifer Anne Nettleton and John Mouawad, in their capacity as joint and several provisional liquidators of DCA Capital (Provisional Liquidators/Seventh to Ninth Defendants/Applicants) Representation: Counsel: H Somerville (Plaintiffs) R Notley (Provisional Liquidators/Seventh to Ninth Defendants/Applicants)