Amorin Constructions Pty Ltd v Kamtech Electrical Services Pty Ltd [2008] NSWSC 267

New South Wales Supreme Court

CITATION : Amorin Constructions Pty Ltd v Kamtech Electrical Services Pty Ltd [2008] NSWSC 267 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 28 February 2008 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 28 February 2008

DECISION : Application incapable of being determined within six month period specified in s 459R(1) of the Corporations Act 2001 (Cth)

CATCHWORDS : CORPORATIONS - s 459R Corporations Act 2001 (Cth) calculation of six month period within winding up application to be determined under s 459R(1)

LEGISLATION CITED : Corporations Act 2001 (Cth) Acts Interpretation Act 1901

David Grant & Co V Westpac Banking Corporation (1995) 184 CLR 265 CASES CITED : ASIC v Maxwell (2005) NSWSC 49 Reliance Financial Services & Martha's T Market Pty Ltd (2003) 45 ACSR 387

PARTIES : Amorin Constructions Pty Ltd ACN 090 600 749 Kamtech Electrical Services Pty Ltd ACN 063 608 846

FILE NUMBER(S) : SC 4218/2007

COUNSEL : G. Carolan (Plaintiff) T.O. Bland (Defendant)

SOLICITORS : Kevin Solari ( Plaintiff) MacLarens Lawyers (Defendant)

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

HAMMERSCHLAG J

28 FEBRUARY 2008

4218/07 AMORIN CONSTRUCTIONS PTY LTD ACN 090 600 749 -V- KAMTECH ELECTRICAL SERVICES PTY LTD ACN 063 608 846 EX TEMPORE JUDGMENT 1 HIS HONOUR: When this matter was called on today, Mr Carolan of counsel moved on behalf of the plaintiff for the winding up of the defendant company on originating process issued on 27 August 2007. Mr Bland of counsel appeared for the defendant. 2 Upon Mr Carolan informing me that he was moving on the originating process so described, it was apparent that the period specified in s 459R(1) of the Corporations Act 2001 (Cth) ("the Act"), may have expired so that by operation of s 459R(3) of the Act, the application stood dismissed.