In the matter of Resicomm Electrical Pty Ltd [2024] NSWSC 811

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Resicomm Electrical Pty Ltd [2024] NSWSC 811 Hearing dates: 1 July 2024 Date of orders: 1 July 2024 Decision date: 01 July 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: (1) Leave granted nunc pro tunc for the defendant to be wound up voluntarily (2) Order to fix relation-back day at earlier time (see [22]) Catchwords: CORPORATIONS — winding up — competing measures to wind up company — where plaintiff creditor applied to have the defendant company wound up in insolvency for failure to comply with statutory demand — where subsequent resolution passed to voluntarily wind up the company and appoint applicant as liquidator — where applicant unaware of plaintiff's application and undertook work in liquidation — liquidator applies for leave nunc pro tunc for the company to be wound up voluntarily — where plaintiff creditor supports present application — HELD — leave granted Legislation Cited: Corporations Act 2001 (Cth), ss 91, 490, 556(1)(b), s 90-15 of the Insolvency Practice Schedule (Corporations) Cases Cited: GIO NSW v Krey Investments Pty Ltd (unreported, Supreme Court of New South Wales, Young J, 29 October 1990) GIO NSW v Krey Investments Pty Ltd (unreported, Supreme Court of New South Wales, Young J, 29 October 1990) In the matter of ACN 060 242 515 Pty Ltd (unreported, Supreme Court of New South Wales, Black J, 15 March 2021) In the matter of Tow.com.au Pty Ltd (In Liquidation) [2018] FCA 1069 Mcveigh v Gogo's Food Service Pty Ltd, in the matter of Gogo's Food Service Pty Ltd [2018] FCA 936 Progress Printers & Distributors Pty Ltd v Production & Graphics Communications Pty Ltd (1996) 21 ACSR 241 Re Camarda and Cantrill Pty Ltd [2015] NSWSC 2067 Re Halal Meats Australia Pty Ltd [2016] NSWSC 1946 Re Horsham Kyosan Engineering Co Ltd [1972] VR 403 Re Northwestern Fruit Growers Pty Ltd [1965] VR 306 Re Pendonna Pty Ltd [2012] NSWSC 631 Re South Australian Air Conditioning Centre Pty Ltd (1977) 2 ACLR 539 Re U-Nited Warranties Pty Ltd [2012] NSWSC 1087 Category: Principal judgment Parties: Graeme Robert Beattie in his capacity as Liquidator of Resicomm Electrical Pty Ltd ACN 166 443 894 (Applicant) Koolie Communications Pty Ltd (Plaintiff) Resicomm Electrical Pty Ltd (Defendant) Representation: Counsel: J Parrish (Applicant/Defendant) K Aydinlioglu (solicitor) (Plaintiff)