In the matter of DCA Capital Pty Ltd [2024] NSWSC 427

Supreme Court New South Wales

Medium Neutral Citation: In the matter of DCA Capital Pty Ltd [2024] NSWSC 427 Hearing dates: 15 April 2024 Date of orders: 15 April 2024 Decision date: 15 April 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Order that the applicant be substituted as the applicant in the proceedings for the winding up of the company. Catchwords: CORPORATIONS — winding up — substitution of applicant for company to be wound up — where substitute applicant might otherwise have applied for an order winding up the company Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Re C2C Investments Pty Ltd (2012) 92 ACSR 266; [2012] NSWSC 1443 Category: Principal judgment Parties: Pubdin Pty Ltd (Applicant) DCA Capital Pty Ltd (Defendant) Representation: Counsel: H Somerville (Applicant) No appearance (Defendant)

Solicitors: Bridges Lawyers (Applicant) No appearance (Defendant) File Number(s): 2024/0018318 Publication restriction: Nil

JUDGMENT — EX TEMPORE (REVISED 19 APRIL 2024)

INTRODUCTION 1. These proceedings were commenced by the plaintiff, Gabrielle Pamela Joan Kennard, by way of an originating process which was filed on 16 January 2024. In that originating process, the plaintiff sought an order, amongst others, that the court make a winding up order pursuant to s 459P of the Corporations Act 2001 (Cth) in relation to the defendant, DCA Capital Pty Ltd. 2. I now have before me an interlocutory application which was filed on 28 March 2024 by the applicant, Pubdin Pty Ltd, seeking an order under s 465B of the Corporations Act that it be substituted as the applicant in these proceedings in place of Ms Kennard.