In the matter of Smithfield Cellarbrations Pty Limited [2012] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Smithfield Cellarbrations Pty Limited [2012] NSWSC 1085 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Parties to bring in short minutes to give effect to judgment. Catchwords: CORPORATIONS - Winding up - Termination - Application to terminate winding up - Whether it is established that the order is appropriate even where the liquidator consents to that order - Attitude and interests of creditors, whether debts of the company have been discharged, company's current trading position, explanation for any non-compliance by directors with statutory duties and circumstances leading to winding up. PRACTICE AND PROCEDURE - Judgment obtained through fundamental irregularity - Right of a party to proceedings before the court to be heard - Whether winding up order should be set aside. Legislation Cited: - Corporations Act 2001 (Cth) ss 286, 482, 459S, 530A-530B, 530B, 588G - Uniform Civil Procedure Rules 2005 (NSW) rr 36.15, 36.16 Cases Cited: - Anderson v Palmer [2002] NSWSC 192 - Cameron v Cole (1944) 68 CLR 571 - Double Bay Newspapers Pty Ltd v The Fitness Lounge Pty Ltd [2006] NSWSC 226; (2006) 57 ACSR 131 - Labraga v Pomfret [2005] NSWSC 654 - Midland Imports Pty Ltd v Asia Pacific International Pty Ltd [1999] NSWSC 12 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Re Yelin Group Pty Ltd [2012] NSWSC 74 - Re Warbler Pty Ltd (1982) 6 ACLR 526 - Workers' Compensation Nominal Insurer v Teca Pty Ltd [2011] NSWSC 686 Texts Cited: - Ritchie's Uniform Civil Procedure NSW Category: Interlocutory applications Parties: ATM Solutions Australasia Pty Limited (Plaintiff) Smithfield Cellarbrations Pty Limited (in liquidation (Defendant) Debbie Mudaliar (Applicant) Representation: Counsel: J.T. Johnson (Applicant) A. Karras (Liquidator) Solicitors: Yates Beaggi Lawyers (Applicant) Surry Partners (Liquidator) File Number(s): 12/124675