NSW Caselaw
New South Wales Supreme Court
CITATION : Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 572
HEARING DATE(S) : 04/05/09, 05/05/09, 06/05/09, 17/06/08, 18/06/09
JUDGMENT DATE : 18 June 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 18 June 2009
DECISION : Winding up and other orders made as foreshadowed.
CATCHWORDS : CORPORATIONS - winding up - whether winding up order should be deferred or stayed - where company to be wound up is one of several defendants in other proceedings brought by present plaintiff - hearing of those proceedings to begin in two weeks - fear that need for leave to proceed against defendant in liquidation might cause hearing dates to be lost - insufficient basis for deferral or stay - choice of liquidator - various considerations discussed
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 447A(1), 459A, 513C, 600A(2)(a), 600A(2)(d)
CATEGORY : Consequential orders
Grocon Constructors Pty Limited - Plaintiff Kimberley Securities Limited - First Defendant John Vouris - Second Defendant PARTIES : Warren Pantzer - Third Defendant Lohemi Pty Limited - Fourth Defendant Gabriel Michael Lorentz - Fifth Defendant Nathan Stoliar - Sixth Defendant Building Insurers' Guarantee Corporation - Supporting Creditor
FILE NUMBER(S) : SC 2199/09
Mr J B Simpkins SC - Plaintiff COUNSEL : Mr T M Jucovic/Mr F G Kalyk - First, Fourth, Fifth and Sixth Defendants Ms E A Collins - Second and Third Defendants Mr D Curry, Solicitor - Supporting Creditor
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