In the matter of SDA Propertys No 2 Pty Ltd (in liquidation) [2025] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SDA Propertys No 2 Pty Ltd (in liquidation) [2025] NSWSC 100 Hearing dates: 17 February Date of orders: 17 February Decision date: 17 February 2025 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: See [43] Catchwords: CORPORATIONS – receivers and managers – appointment by court – appointment as receiver without security – where companies in liquidation did not operate any business other than in their capacity as trustees of their respective trusts – recourse for Receiver to assets of corporation for costs and expenses Legislation Cited: Corporations Act 2001 (Cth), s 420, s 477 Supreme Court Act 1970 (NSW), s 67 Uniform Civil Procedure Rules 2005 (NSW), r 26.3 Cases Cited: Bastion v Gideon Investments Pty Ltd (in liq) [2000] NSWSC 939 Bruton Holdings Pty Ltd (in liq) v Federal Commissioner of Taxation (2009) 239 CLR 346; [2009] HCA 32 Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 268 CLR 524; [2019] HCA 20 Chief Commissioner of Stamp Duties for New South Wales v Buckle (1998) 192 CLR 226; [1998] HCA 4 Cremin, Re Brimson Pty Ltd (in liq) [2019] FCA 1023 Federal Commissioner of Taxation v Bruton Holdings Pty Ltd (in liq) and Others (2008) 173 FCR 472; [2008] FCAFC 184 Hosking, in the matter of Business Aptitude Pty Ltd (in liq) [2016] FCA 1438 In the matter of Cheema Investing Pty Ltd (in liq) and Cheema Trading Pty Ltd (in liq) [2024] NSWSC 1145 In the matter of VSH Investment Pty Ltd [2023] NSWSC 1590 Jones v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; (2018) 260 FCR 310 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 Re North Food Catering Pty Ltd [2014] NSWSC 77 Re Parkway One Pty Limited (No 2) [2020] NSWSC 191 Re Stansfield DIY Wealth Pty Ltd (in liq) [2014] NSWSC 1484 Re Taylor, Re CJ & KL Bond Pty Ltd (in liq) [2018] FCA 1430 Category: Principal judgment Parties: David Henry Sampson as liquidator of SDA Propertys No 2 Pty Ltd (in liquidation), SDA Property's No 4 Pty Ltd (in liquidation), and SDA Property's No 5 Pty Ltd (in liquidation) (First Plaintiff) SDA Propertys No 2 Pty Ltd (in liquidation) (Second Plaintiff) SDA Property's No 4 Pty Ltd (in liquidation) (Third Plaintiff) SDA Property's No 5 Pty Ltd (in liquidation) (Fourth Plaintiff) Representation: Counsel: E Keynes (Plaintiffs)