Min Y Liang v Auslanbo Enterprises Pty Limited and Danny Xiao Ming Lu [2005] NSWSC 307

New South Wales Supreme Court

CITATION : Min Y Liang v Auslanbo Enterprises Pty Limited and Danny Xiao Ming Lu [2005] NSWSC 307

HEARING DATE(S) : 30/03/05

JUDGMENT DATE : 30 March 2005

JURISDICTION : Equity Division

JUDGMENT OF : Einstein J

DECISION : Provisional liquidator appointed.

CATCHWORDS : Companies - Deadlock

Min Yi Liang (Plaintiff) PARTIES : Auslanbo Enterprise Pty Limited (First Defendant) Danny Xiao Ming Lu (Second Defendant)

FILE NUMBER(S) : SC 2158/05

Mr Broun QC (Plaintiff) COUNSEL : Mr B Connell (Second Defendant)

Guardian Legal (Plaintiff) SOLICITORS : Chris Lai & Associates (Second Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Einstein J

Wednesday 30 March 2005 ex tempore Revised 7 April 2005

2158/05 Min Yi Liang v Auslanbo Enterprise Pty Limited and Danny Xiao Ming Lu JUDGMENT The proceedings 1 Auslando Enterprise Pty Ltd ["the company"] has two directors each of which have an equal shareholding. The directors are Mr Danny Xiao Ming Lu [Mr Lu] and Ms Min Yi Liang also known as Mandy Liang [Ms Liang]. 2 There is before the court for hearing an interlocutory process pursued by Ms Liang seeking an order for the appointment of a provisional liquidator to the company. Ancillary orders to injunctive relief are also sought. 3 The affidavit evidence before the Court makes it plain that it is appropriate for a provisional liquidator to be urgently appointed. The short position is that the evidence discloses that the company was incorporated in April 2003 by an arrangement described in the affidavit of Ms Laing made on 29 March 2005 in paragraphs 4 – 16 inclusive: · "In about March 2000, I commenced employment in Tanyas Enterprise Pty Ltd. Ury Gulikov ("Ury") was the director of Tanyas. In 2003, Ury said to me words to the effect: "My main business is in China. I import a lot of goods from China to here. I need someone I trust to store those goods for me when they arrive in Australia and prepare for the dispatch of the goods when I am giving the dispatch order. I believe you are the person to be trusted. I have a business of that nature already. The business charges a management fee from those companies. The business already has a very big client namely Best & Less." · I felt that it might be hard for a female to do the business alone. I needed someone's help. I then contacted Lu and said to him words to the effect: "I have a business opportunity. It's a business involving storage of goods. The business charges a management fee over the goods stored in the warehouse. It already has a big client namely Best & Less." Lu said to me words to the effect: "Let me think about it." · After further negotiations, Lu agreed to join in the business.