In the matter of Digital Commodity Assets Pty Ltd [2024] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Digital Commodity Assets Pty Ltd [2024] NSWSC 462 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 Re DCA Capital Pty Ltd [2024] NSWSC 427 Category: Principal judgment Parties: Corpsand Pty Ltd in its capacity as trustee of the Impulse Trust (Applicant) Digital Commodity Assets Pty Ltd (Defendant) Representation: Counsel: H Somerville (Applicant) No appearance (Defendant)

Solicitors: Bridges Lawyers (Applicant) No appearance (Defendant) File Number(s): 2024/0018320 Publication restriction: Nil

JUDGMENT— EX TEMPORE (REVISED 24 APRIL 2024)

INTRODUCTION 1. These proceedings were commenced by the plaintiff, Shraddah Pty Ltd, by way of an originating process which was filed on 16 January 2024. In that originating process, the plaintiff sought an order, amongst others, pursuant to s 459P of the Corporations Act 2001 (Cth) that the defendant, Digital Commodity Assets Pty Ltd, be wound up pursuant to s 459A of the Corporations Act. 2. I now have before me an interlocutory application which was filed on 28 March 2024 by the applicant, Corpsand Pty Ltd in its capacity as trustee of the Impulse Trust, seeking an order under s 465B of the Corporations Act that it be substituted as the applicant in these proceedings in place of Shraddah.