In the matter of V & M Davidovic Pty Limited (receiver and manager appointed) [2012] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: In the matter of V & M Davidovic Pty Limited (receiver and manager appointed) [2012] NSWSC 1598 Hearing dates: 12 December 2012 Decision date: 12 December 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made for winding up of defendant in insolvency Catchwords: WINDING UP - Power of directors to instruct legal representatives to opposed winding up application when receiver and manager appointed over assets of company - whether winding up application should be adjourned - whether company should be wound up in insolvency Legislation Cited: - Civil Procedure Act 2005 (NSW) s 56 - Corporations Act 2001 (Cth) ss 420, 459C, 459P, 459R Cases Cited: - ASIC; in the matter of Lanepoint Enterprises Pty Limited [2006] FCA 1163; (2006) 60 ACSR 217 - Great Australian Operations Pty Limited (Recs and Mgrs Apptd) v Washington H Soul Pattinson and Company Limited [2012] NSWSC 1134 - Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 - Hawkesbury Development Co Limited v Landmark Finance Pty Limited [1969] 2 NSWR 782 - Re Geneva Finance Limited [1992] 7 WAR 496; 7 ACSR 415 Category: Principal judgment Parties: Windlock Pty Limited (Plaintiff) V & M Davidovic Pty Limited (receiver and manager appointed) (Defendant) Representation: Counsel: G.M. McGrath (Plaintiff) S. Golledge (Defendant) Solicitors: Hansons Lawyers (Plaintiff) S. Golledge (Defendant) File Number(s): 2012/216263