Hadfield v ACN 092 328 400 Pty Ltd [2011] NSWSC 114

Supreme Court New South Wales

Medium Neutral Citation: Hadfield v ACN 092 328 400 Pty Ltd [2011] NSWSC 114 Hearing dates: 3 March 2011 Decision date: 03 March 2011 Before: Barrett J Decision: Order for rectification of Australian Register of Company Charges; Declaration that charge valid Catchwords: CORPORATIONS - registration of charges - application for order rectifying Australian Register of Company Charges - where evidence establishes that instrument executed and charge created on a date after that borne by the instrument and included in the lodged particulars - rectification appropriate - whether charge created within six months before commencement of winding up is void against liquidator under s 588FJ as to subsequent advances - section confined to company that is "being wound up in insolvency" - winding up in place is creditors voluntary winding up - section does not apply Legislation Cited: Corporations Act 2001 (Cth), Chapter 2K, Part 5.3A, ss 9, 234, 263(1), 274, 459A, 459B, 459P, 462, 463, 491, 494, 513B(e), 588FJ Cases Cited: Re Carter (as liquidator of New Tel Pty Ltd) [2003] NSWSC 128; (2003) 44 ACSR 661 Category: Principal judgment Parties: Kevin Hadfield and Vicki Jane Hadfield - Plaintiffs ACN 092 328 400 Pty Ltd - First Defendant Jamieson Louttit - Second Defendant Representation: Counsel: Mr R M Jefferis - Plaintiff Mr S A Wells - Defendants Solicitors: Davis Legal - Plaintiff TressCox Lawyers - Defendants File Number(s): 2010/349763