Waste Recycling and Processing Services of NSW v Local Government Recycling Co-operative [1999] NSWSC 507

Reported Decision : (1999) 32 ACSR 194

New South Wales Supreme Court CITATION : Waste Recycling and Processing Services of NSW v Local Government Recycling Co-operative [1999] NSWSC 507 revised - 28/05/99 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 2006/99 HEARING DATE(S) : 06/05/99, 13/05/99, 25/05/99, 26/05/99 JUDGMENT DATE : 26 May 1999

PARTIES : Waste Recycling and Processing Services of New South Wales (t/as Waste Service NSW) (P) Local Government Recycling Co-operative Limited (D) JUDGMENT OF : Santow J

D E Grieve, QC/ G A Seib (P) COUNSEL : T J Hancock (D) W B V McManus (SMS Municipal Services Limited - supporting creditor) Peter Kemp Solicitor (P) SOLICITORS : Barker Gosling (D) A J Law & Co (SMS Municipal Services Limited - supporting creditor) CATCHWORDS : CORPORATIONS — Discretion under s440A(2) to adjourn winding-up application upon Administrator being appointed — Relevant factors include shortness of time of adjournment and opportunity for Administrator just appointed to give view as to prospects — Other relevant factors such as relation back period. ACTS CITED : Corporations Law s440A(2) and (3); s435A; s444A(2) Creevey and another v Deputy Commissioner of Taxation (1996) 32 ATR 632 CASES CITED : Deputy Commissioner of Taxation v Yates Security Services Pty Ltd (1998) 15 ACLC 48 Fullview Pty Ltd v WLW Pty Ltd (FCA, Parkinson JR, 17 September 1997, unreported) DECISION : Application for order to wind-up Defendant adjourned to 1 June 1999

Waste.26May1999 — 28 May, 1999: Waste Recycling and Processing Service of NSW (t/as Waste Service NSW) v Local government Recycling Co-operative Limited 9 REVISED — 28 May, 1999