State Debt Recovery Office v L & G Contracting Service Pty Limited [2009] NSWSC 1116

New South Wales Supreme Court

CITATION : State Debt Recovery Office v L & G Contracting Service Pty Limited [2009] NSWSC 1116

HEARING DATE(S) : 21 and 24 September 2009

JUDGMENT DATE : 24 September 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 24 September 2009

DECISION : 1. Direct that the liquidator of the defendant, Mr David Ian Mansfield, is justified in withdrawing from the company's bank account the sum of $16,826.15 as his remuneration; 2. Subject to order 1, order that the winding-up of the defendant be stayed up to and including 29 September 2009; 3. Stand over the further hearing of the interlocutory process to 9.30 am on 29 September, 2009.

CATCHWORDS : CORPORATIONS – winding up – application to terminate winding up – consideration of company's solvency and company's assets and liabilities – winding up stayed to allow deed of release to be entered into in order to discharge a liability of the company to its director with a view to the winding-up being terminated

Deputy Commissioner of Taxation v Sydney Concrete Steel Fixing Pty Ltd [1999] NSWSC 494; (1999) 17 ACLC 972 CASES CITED : Deputy Commissioner of Taxation v Lencal Excavations Pty Ltd (in liq) [2004] NSWSC 783 Metledge v Bambakit Pty Ltd (in liq) [2005] NSWSC 160

State Debt Recovery Office PARTIES : v L & G Contracting Service Pty Limited

FILE NUMBER(S) : SC 3401/09

COUNSEL : Plaintiff: N Obrart Defendant: N Sullivan

SOLICITORS : Plaintiff: Champion Legal Defendant: ADL Legal

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