In the matter of Statewide Developments Pty Limited [2011] NSWSC 1537

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Statewide Developments Pty Limited [2011] NSWSC 1537 Hearing dates: 3 November 2011 Decision date: 14 December 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: 1. Order that Azure 10-16 Marquet Street Rhodes Pty Ltd ACN 103 834 797 be substituted as applicant in the application for winding up in the originating process filed herein on 5 May 2011. 2. Order that Statewide Developments Pty Ltd ACN 080 404 842 be wound up in insolvency. 3. Order that Peter Paul Krejci of Level 13, 1 Castlereagh Street, Sydney, an official liquidator, be appointed liquidator of the said Statewide Developments Pty Ltd. 4. Order that the said Statewide Developments Pty Ltd pay the costs of the said Azure 10-16 Marquet Street Rhodes Pty Ltd of the interlocutory process filed on 19 July 2011 and the winding up proceedings. Catchwords: CORPORATIONS - winding up - application for substitution as plaintiff in proceedings for winding up in insolvency - whether applicant has proved status as creditor - substitution ordered - CORPORATIONS - winding up - application for winding up in insolvency - presumption of insolvency arises from non-compliance with statutory demand - whether defendant has discharged onus to prove solvency - need for "fullest and best" evidence - onus not discharged - winding up ordered Legislation Cited: Corporations Act 2001 (Cth), ss 95A, 459C(2)(a), 459P, 459R, 465B Cases Cited: Ace Contractors & Staff Pty ltd v Westgarth Development Pty Ltd [1999] FCA 728 CVC Investments Pty Ltd v P&T Aviation Pty Ltd (1989) 18 NSWLR 295 Dasreef Pty Ltd v Hawchat [2011] HCA 21; (2011) 85 ALJR 694 Deputy Commissioner of Taxation v Sydney Concrete Steel Fixing Pty Ltd [1999] NSWSC 494; (1999) 17 ACLC 972 Expile Pty Ltd v Jabb's Excavations Pty Ltd [2003] NSWCA 163; (2003) 45 ACSR 711 Tokich Holdings Pty Ltd v Sheraton Constructions (NSW) Pty Ltd [2004] NSWSC 527; (2004) 185 FLR 130 Category: Principal judgment Parties: Damian Paul Higgins - Plaintiff Statewide Developments Pty Limited - Defendant/Respondent Azure 10-16 Marquet Street Rhodes Pty Ltd - Applicant Representation: Mr D K L Raphael - Applicant Mr M J Cohen/Mr J J Hyde - Defendant/Respondent Saba El-Hanania Lawyers - Applicant Mills Oakley Lawyers - Defendant/Respondent File Number(s): 2011/00148654