Chief Commissioner of State Revenue v SPV2 Pty Ltd; Chief Commissioner of State Revenue v SPV7 Pty Ltd; Chief Commissioner of State Revenue v Wollongong City Plaza Pty Ltd; Chief Commissioner of State Revenue v Industrial Corp Pty Ltd; Chief Commissioner of State Revenue v Belmorgan Holdings Pty Ltd [2008] NSWSC 829

New South Wales Supreme Court

CITATION : Chief Commissioner of State Revenue v SPV2 Pty Ltd; Chief Commissioner of State Revenue v SPV7 Pty Ltd; Chief Commissioner of State Revenue v Wollongong City Plaza Pty Ltd; Chief Commissioner of State Revenue v Industrial Corp Pty Ltd; Chief Commissioner of State Revenue v Belmorgan Holdings Pty Ltd [2008] NSWSC 829

HEARING DATE(S) : 7 August 2008 JURISDICTION : Equity

JUDGMENT OF : Austin J

EX TEMPORE JUDGMENT DATE : 7 August 2008

DECISION : Leave to withdraw granted

CATCHWORDS : CORPORATIONS - winding up - plaintiff and defendant to winding up proceedings agree to discontinue, before return date - whether most appropriate course is to grant leave to plaintiff to withdraw under s 467(3)(e) - whether the court should allow withdrawal before return date, thereby preventing any other creditor from applying for substitution as plaintiff - whether there is an inconsistency in policy between s 465A and Form 519, on the one hand, and Corporations Rule 5.6 on the other

LEGISLATION CITED : Corporations Act 2001 (Cth), ss 465A, 467, Form 519 Supreme Court (Corporations) Rules 1999, rule 5.6

CASES CITED : Australian Beverage Distributors v Evans and Tate (2007) 61 ACSR 441

3998/08 Chief Commissioner of State Revenue (Plaintiff) SPV2 Pty Ltd (Defendant) 3999/08 Chief Commissioner of State Revenue (Plaintiff) SPV7 Pty Ltd (Defendant) 4000/08 PARTIES : Chief Commissioner of State Revenue (Plaintiff) Wollongong City Plaza Pty Ltd (Defendant) 4003/08 Chief Commissioner of State Revenue (Plaintiff) Industrial Corp Pty Ltd (Defendant) 4005/08 Chief Commissioner of State Revenue (Plaintiff) Belmorgan Holdings Pty Ltd (Defendant)