Shenouda v Work Safe Medics Pty Ltd [2011] NSWSC 18

Supreme Court New South Wales

Medium Neutral Citation: Shenouda v Work Safe Medics Pty Ltd [2011] NSWSC 18 Hearing dates: 4 February 2011 Decision date: 04 February 2011 Jurisdiction: Equity Division - Commercial List Before: Barrett J Decision: Application for transfer of winding up proceedings to the Family Court dismissed with costs. Catchwords: PROCEDURE - cross-vesting - winding up application by husband in respect of company of which he and wife are only members and directors - matrimonial litigation in progress between them in Family Court - application by wife for order transferring winding up application to Family Court - winding up application supported by Commissioner of Taxation - evidence of failure of company to pay substantial sums due to Commissioner - transfer refused Legislation Cited: Corporations Act 2001 (Cth), ss 58AA, 461(1)(k), 536A,1337H Cases Cited: Roff v Aqua Distributors Pty Ltd (1996) 22 ACSR 248 Zhu v Tech Universal (HK-Macau) Development Pty Ltd [2005] FCA 256; (2005) 53 ACSR 704 Category: Principal judgment Parties: Amgad Farouk Shenouda (Plaintiff) Work Safe Medics Pty Ltd (First Defendant) Sonia Shenouda (Second Defendant) Representation: Counsel: Mr M Rosenblatt (First Plaintiff) Mr G Loupos (Second Defendant) Mr C Lee - Deputy Commissioner of Taxation Solicitors: Somerset Ryckmans (Plaintiff) George Loupos and Associates (Second Defendant) Australian Government Solicitor - Deputy Commissioner of Taxation File Number(s): 2010/392594