In the matter of Kirby Street (Holding) Pty Limited [2011] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kirby Street (Holding) Pty Limited [2011] NSWSC 1576 Hearing dates: 12 October 2011 and written submissions of 21 October 2011, 15 November 2011 and 28 November 2011 Decision date: 16 December 2011 Jurisdiction: Equity Division - Corporations List Before: Barrett J Decision: See paragraph 3 Catchwords: CORPORATIONS - winding up - pooling - form of ancillary orders Legislation Cited: Corporations Act 2001 (Cth), ss 579E, 579G Cases Cited: Re Kirby Street (Holding) Pty Ltd [2011] NSWSC 1536 Category: Consequential orders Parties: David John Frank Lombe - Plaintiffs Representation: Mr M B Oakes SC - Plaintiffs Freehills - Plaintiffs File Number(s): 2011/00297593

Judgment 1Following publication of reasons on 14 December 2011 ( Re Kirby Street (holding) Pty Ltd [2011] NSWSC 1536), the liquidator has submitted short minutes of the orders to be made. 2In particular, the liquidator has formulated the precise ancillary orders required to deal with the matters discussed at paragraphs [97] to [105] of the principal judgment. 3The orders of the court are as follows 1. Order pursuant to section 579E(1) of the Corporations Act 2001 (Cth) that the companies in the schedule to these orders, being the second plaintiffs and the defendant, are a pooled group for the purposes of section 579E of that Act. 2. Order pursuant to section 579G(1)(d) of the Corporations Act 2001 (Cth), that the application of that Act in relation to the winding up of the companies in the schedule to these orders be modified so that: (a) section 539 has effect as if the following additional paragraph were included in subsection (7) immediately before paragraph (c): (bb) the accounts (including assets, receipts and payments) under subsection (1) for the companies in the group may be consolidated; (b) section 548A has effect as if the following additional subsections were included therein: (6) For the purposes of this section, the "ADR Group" is the companies listed in the schedule to the orders made by the Supreme Court of New South Wales on 16 December 2011 in proceedings No 297593 of 2011. (7) On and from 16 December 2011 the committee of inspection for the ADR Group for the purposes of subsection (1) is taken to consist of Craig O'Sullivan, Mark Hurdis, Kathryn Tebbutt and John Zuqaing without the need for any meeting. 3. Order that the costs of these proceedings (including reserved costs) be costs in the pooled windings up of the said companies. 4. Grant lberty to apply for variation of these orders pursuant to section 579F or 579H of the Corporations Act or otherwise on 2 days' notice. SCHEDULE TO THESE ORDERS Company ACN Angzol Pty Limited (In Liquidation) 109 316 350 Armmate Pty Limited (In Liquidation) 104 711 891 Arnnete Pty Limited (In Liquidation) 104 727 924 Kirby Street (Holding) Pty Limited (Receivers and Managers Appointed) (In Liquidation) 116 849 113 Kirby Street (Finance) Pty Limited (In Liquidation) 117 268 532 Kirby Street (Logistics) Pty Limited (In Liquidation) 103 305 700 Kirby Street (Trading) Pty Limited (Receivers and Managers Appointed) (In Liquidation) 117 238 945 Blue Spike Pty Limited (In Liquidation) 092 192 204 Bluebend Pty Limited (In Liquidation) 098 726 526 Bluepeer Pty Limited (In Liquidation) 098 726 553 Caloundra Retail Co Pty Limited (In Liquidation) 108 773 208 Cashbound Pty Limited (In Liquidation) 095 230 407 Cashbuild Pty Limited (In Liquidation) 095 241 875 Kirby Street (Ipswich) Pty Limited (In Liquidation) 050 403 695 Kirby Street (Warwick) Pty Limited (In Liquidation) 073 395 838 Kirby Street (Dalby) Pty Limited (In Liquidation) 074 910 946 Kirby Street (Nth Qld) Pty Limited (In Liquidation) 058 407 471 Kirby Street (CC Retail) Pty Limited (In Liquidation) 092 197 914 DPCo Pty Limited (In Liquidation) 117 640 310 Fireright Pty Limited (In Liquidation) 095 578 386 Freshfame Pty Limited (In Liquidation) 102 337 164 Garden Pty Limited (In Liquidation) 071 458 930 General Variety Pty Limited (In Liquidation) 097 076 447 Goralin Pty Limited (In Liquidation) 087 268 719 Group Variety Pty Limited (In Liquidation) 097 076 401 GSCo Pty Limited (In Liquidation) 117 640 301 Imagewatch Pty Limited (In Liquidation) 102 323 786 ITCo Pty Limited (In Liquidation) 117 640 338 Look Sharp Concepts Pty Limited (In Liquidation) 003 116 621 Makro Cannon Park Pty Limited (In Liquidation) 105 140 752 Makro Toowoomba Pty Limited (In Liquidation) 107 491 618 Mallwalk Pty Limited (In Liquidation) 102 324 569 Moneycure Pty Limited (In Liquidation) 098 727 596 O'Neills Property Company Pty Limited (In Liquidation) 095 230 416 Queensland Discounters Pty Limited (Receivers and Managers Appointed) (In Liquidation) 097 076 410 Shopping Variety Pty Limited (In Liquidation) 097 076 367 State Group Pty Limited (In Liquidation) 097 076 385 Sungate Pty Limited (Receivers and Managers Appointed) (In Liquidation) 010 497 551 Youngdown Pty Limited (Receivers and Managers Appointed) (In Liquidation) 003 393 548 Discount Variety Group Pty Limited (In Liquidation) O96 097 719