In the matter of Mikcon Group Australia Pty Ltd (in liq) [2024] NSWSC 1585

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Mikcon Group Australia Pty Ltd (in liq) [2024] NSWSC 1585 Hearing dates: 6 December 2024 Date of orders: 10 December 2024 Decision date: 10 December 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Judgment to be ordered in favour of Plaintiffs as to money amounts and order to be made for sale of property; Plaintiffs to bring in short minutes of order to give effect to this judgment. Catchwords: CORPORATIONS – enforcement of guarantee given by director as to amounts payable under deed of company arrangement – calculation of interest. REAL PROPERTY – termination of co-ownership –whether liquidators should be appointed as trustees for sale under s 66G of the Conveyancing Act 1919 (NSW). Legislation Cited: - Civil Procedure Act 2005 (NSW), s 100 - Conveyancing Act 1919 (NSW), ss 66F-66G - Corporations Act 2001 (Cth), s 436A - Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: - Arrow Custodians Pty Ltd v Pine Forests of Australia Pty Ltd (2006) 18 BPR 35,209 - Boyd v Thorn (2017) 96 NSWLR 390 - Callahan v O'Neill [2002] NSWSC 877 - Cameron v Cole (1944) 68 CLR 571 at 589; [1944] HCA 5 - Chu v Haddad [2014] NSWSC 1720 - Forgeard v Shanahan (1994) 35 NSWLR 206 - Matsen v Matsen [2008] NSWSC 135 - Matta v Matta [2015] NSWSC 963 - National Australia Bank Ltd v Pasupati [2011] NSWSC 540 - NSW Trustee & Guardian v Gregory [2012] NSWSC 681 - Smirski v Macander [2010] NSWSC 929 Category: Principal judgment Parties: Christian Peter Sprowles in his capacity as liquidator of Mikcon Group Australia Pty Ltd (in liq) (First Plaintiff) Michael Andrew Hogan in his capacity as liquidator of Mikcon Group Australia Pty Ltd (in liq) (Second Plaintiff) Mikcon Group Australia Pty Ltd (in liq) (Third Plaintiff) Michael Joseph Conneely (First Defendant) Mikcon Pty Ltd (Second Defendant) Mikcon Plant Hire Pty Ltd (Third Defendant) Marie Elain Conneely (Fourth Defendant) Commonwealth Bank of Australia (Fifth Defendant) Thorn Australia Pty Ltd (Sixth Defendant) Porter Finance Australia Pty Ltd (Seventh Defendant) TL Commercial Finance Pty Ltd (Eighth Defendant) Representation: Counsel: R Jameson (Plaintiffs)