Branalex Debstina Pty Ltd v Rossmore Mushrooms Pty Ltd; Australia and New Zealand Banking Group Ltd v Rossmore Mushrooms Pty Ltd [2010] NSWSC 321

New South Wales Supreme Court

CITATION : Branalex Debstina Pty Ltd v Rossmore Mushrooms Pty Ltd; Australia and New Zealand Banking Group Ltd v Rossmore Mushrooms Pty Ltd [2010] NSWSC 321

HEARING DATE(S) : 16/04/10

JUDGMENT DATE : 16 April 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 16 April 2010

In 290642 of 2009: 1. Make orders 2, 4 and 5 in the interlocutory process dated 9 April 2010 filed in court on 12 April 2010. 2. The orders may be taken out forthwith. 3. Order that the costs of the application dealt with today be costs in the cause. 4. Order that John Vouris be discharged as receiver of Rossmore Mushrooms Pty Ltd and as receiver of Rossmore Mushroom Farms Pty Limited. DECISION : In 91637 of 2010: 1. Order that Rossmore Mushrooms Pty Limited ACN 123 182 105 be wound up in insolvency. 2. Order that Barry Anthony Taylor and Andrew Fletcher Needham of Level 19, 207 Kent Street, Sydney be appointed liquidators of Rossmore Mushrooms Pty Limited. 3. Order that Rossmore Mushroom Farms Pty Limited ACN 134 559 149 be wound up in insolvency. 4. Order that Barry Anthony Taylor and Andrew Fletcher Needham of Level 19, 207 Kent Street, Sydney be appointed liquidators of Rossmore Mushroom Farms Pty Limited. 5. Order the defendants pay the plaintiff's costs of the proceedings.

CATCHWORDS : CORPORATIONS - receivership - where receiver in office on restricted basis - assets shown to be in jeopardy - restriction removed - CORPORATIONS - winding up - insolvency - insolvency to be presumed in one case - insolvency sufficiently proved in another case - winding up orders made - factors affecting choice of liquidator