In the matter of Care A2 Plus Pty Ltd [2024] NSWSC 1677

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Care A2 Plus Pty Ltd [2024] NSWSC 1677 Hearing dates: 16 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Defendant be wound up in insolvency and liquidators be appointed. Costs of the application to be costs in the winding up. Catchwords: CORPORATIONS – Winding up – Application for the adjournment of winding up application. CORPORATIONS – Winding up – Whether the Court should extend period within which winding up application must be determined nunc pro tunc. CORPORATIONS – Winding up – Presumption of insolvency arising from non-compliance with statutory demand – Where presumption of insolvency not rebutted. Legislation Cited: - Corporations Act 2001 (Cth), ss 459R, 467 Cases Cited: - 640 Esplanade Pty Ltd v Splash Bay Pty Ltd (No 2) [2017] 247 FCR 519; [2017] FCA 89 - Amorin Constructions Pty Ltd v Kamtech Electrical Services Pty Ltd [2008] NSWSC 285 - Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (2011) 244 CLR1 - Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 18 ACSR 807 - Re C2C Investments Pty Ltd (No 9) [2013] NSWSC 269 - Re Parkmeng Pty Ltd [2024] NSWSC 157 Category: Principal judgment Parties: LDA Capital LLC (Plaintiff) Care A2 Plus Pty Ltd (Defendant) Representation: Counsel: Mr S Philips (LDA Capital LLC) Mr T Di Bello (Solicitor) (Defendant)