Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380 Hearing dates: 5 May 2011 Decision date: 05 May 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: 1. Order that Giles Geoffrey Woodgate have leave under s 532(2) of the Corporations Act 2001 to consent to be appointed, and to act as, liquidator of Perfume Empire Pty Ltd (ACN 108 883 325). 2. Order that the said Perfume Empire Pty Ltd be wound up in insolvency. 3. Order that Giles Geoffrey Woodgate, an official liquidator, be appointed liquidator of the said Perfume Empire Pty Ltd. 4. Order that the defendant pay the plaintiff's costs of the proceedings. 5. Order that the defendant pay the Deputy Commissioner's costs also. Catchwords: CORPORATIONS - winding up - application for winding up in insolvency - whether application should be adjourned because company under administration - held no - ground for winding up established - choice of liquidator - whether there should be departure from usual approach of appointing plaintiff's nominee - where administrator has done substantial work - administrator appointed Legislation Cited: Corporations Act 2001 (Cth), ss 9, 440A(2), 532(2)(c)(i) Cases Cited: Deputy Commissioner of Taxation v Barroleg Pty Ltd (1997) 25 ACSR 167 Glenwood Village Pty Ltd v Glen Alpine Constructions Pty Ltd [2009] NSWSC 516 Unifor Office Systems Aust Pty Ltd v Brewer Partnership Pty Ltd [1999] NSWSC 137; (1999) 17 ACLC 642 Category: Principal judgment Parties: Workers Compensation Nominal Insurer - Plaintiff Representation: Counsel: Mr A W Smith - Plaintiff Mr P M Stern - Defendant Mr D M Jay - Deputy Commissioner of Taxation Solicitors: P H Legal - Plaintiff Addisons - Defendant ATO Legal Services Branch - Deputy Commissioner of Taxation File Number(s): 2011/39721