Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 299

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 299 Hearing dates: 11 April 2011 Decision date: 15 April 2011 Jurisdiction: Equity Division Before: Barrett J Decision: 1. Direct that the plaintiff do, on or before 20 April 2011, serve on each of (a) the Commissioner of Taxation; (b) Perfume Network of Australia Pty Ltd; (c) the entity described in the affidavit of G C Woodgate sworn 8 April 2011 as "MSI Taylor"; and (d) the entity described in that affidavit as "Xchanging" a copy of each of the originating process filed on 7 February 2011, the interlocutory process filed on 11 April 2011, the said affidavit and the court's reasons of 15 April 2011. 2. Direct that the interlocutory process stand over to 9.30am on 2 May 2011 before me. Catchwords: CORPORATIONS - voluntary administration - administration imposed when application for winding up in insolvency pending - administration likely to result in winding up - plaintiff in winding up proceeding seeks order terminating administration - defendant through administrator consents - if administration terminated and winding up later ordered by the court an earlier "relation-back day" will apply for liquidator recovery purposes - significantly greater recoveries potentially available if earlier date applies - identified creditors would be affected if earlier date rather than later applied - procedural fairness requires that those creditors have an opportunity to be heard - application adjourned with direction that those creditors be served Legislation Cited: Corporations Act 2001 (Cth), Part 5.3A, ss 9, 463A, 513A, 513C, 588FA, 588FC, 588FE, 588FF Cases Cited: BP Australia Ltd v Brown [2003] NSWCA 216; (2003) 58 NSWLR 322 Cameron v Cole [1944] HCA 5; (1944) 68 CLR 571 Chief Commissioner of State Revenue v Rafferty's Resort Management Pty Ltd [2008] NSWSC 452; (2008) 66 ACSR 199 Re Octaviar Ltd (formerly MFS Ltd) [2008] QSC 216. Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer - Plaintiff Perfume Empire Pty Ltd - Defendant Representation: Counsel: Mr J T Johnson - Plaintiff Mr P M Stern - Defendant Solicitors: PH Legal - Plaintiff Addisons Lawyers - Defendant File Number(s): 2011/39721