In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525 Hearing dates: 1 May 2024 Date of orders: 1 May 2024 Decision date: 01 May 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Unfair preferences established against two Defendants. Catchwords: CORPORATIONS – Unfair preferences – Two creditors paid by company- A third creditor paid by third party – Whether payment received "from the company" within s 588FA(1)(b) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 588 FA, 588FC, 588FE, 588FF - Service and Execution of Process Act 1992 (Cth) Cases Cited: - BounceLED Pty Ltd v Clear Skies Corp Pty Ltd (in liq) [2023] NSWSC 121 - Cant v Mad Brothers Earthmoving Pty Ltd (2020) 63 VR 222; [2020] VSCA 198 - Hosking v Extend N Build Pty Ltd [2018] 128 ACSR 555; (2018) NSWCA 149 - Re Pacific Plumbing Group Pty Ltd (in liq) [2024] NSWSC 34 - Re Western Port Holdings Pty Ltd (recs and mgrs apptd) (in liq) [2021] NSWSC 232 - United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514; [2011] FCA 1408 Category: Principal judgment Parties: Pacific Plumbing Pty Ltd (in liq) (First Plaintiff) David Anthony Hurst in his capacity as liquidator of Pacific Plumbing Pty Ltd (in liq) (Second Plaintiff) Leidan Excavations Pty Ltd (First Defendant) Ntex Pty Ltd (Second Defendant) Syfon Systems Pty Ltd (Third Defendant) Top End Hydraulic Services Pty Ltd t/as Forecast Machinery (Sixth Defendant) Corestaff NT Pty Ltd (Seventh Defendant) C & V Concretors (N.T.) Pty Ltd (Eighth Defendant) Representation: Counsel: B May (Plaintiffs)