In the matter of Plaza West Pty Limited (in liquidation) (subject to deed of company Arrangement) [2013] NSWSC 168

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plaza West Pty Limited (in liquidation) (subject to deed of company Arrangement) [2013] NSWSC 168 Hearing dates: 4 March 2013 Decision date: 06 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made that the winding up of the company be terminated. No order as to costs. Catchwords: CORPORATIONS - Winding up - Termination of winding up order - Solvency - Whether interests of the company's present creditors would be served by termination of the winding up - Whether interests of future creditors served - Whether any public interest reason not to terminate the winding up Legislation Cited: - Corporations Act 2001 (Cth) ss 95A, 286, 436B, 439A, 439A(4)(b), 44B, 482(1), 482(1)(a), 482, 482(2A), 411, 533, 588G, 588H, Pt 5.3A, Pt 5.3B Cases Cited: - Apostolou v VA Corporation of Australia Pty Ltd [2010] FCA 64; (2010) 77 ACSR 84 - Gematech Pty Ltd v Bardi Investments Pty Ltd [2008] NSWSC 196 - Leveraged Equities Ltd v Hilldale Australia [2008] NSWSC 190; (2008) 26 ACLC 182 - Mercy & Sons Pty Ltd v Wanari Pty Ltd [2000] NSWSC 756; (2000) 157 FLR 107; (2000) 35 ACSR 70 - Prendergast v Rolcross Pty Ltd (in liq) [2008] NSWSC 146 - Re Data Homes Pty Ltd (in liq) [1972] 2 NSWLR 22 - Re Kitchen Dimensions Pty Ltd (in liq) [2012] VSC 280 - Re Nardell Coal Corporation Pty Ltd [2004] NSWSC 281; (2004) 49 ACSR 110 - Re Pine Forests of Australia (Canberra) Pty Ltd [2010] NSWSC 1127 - Re R.A.N.S. Pty Ltd [2012] VSC 480 - Re SNL Group Pty Ltd (in liq) [2010] NSWSC 797 - Sutherland v Rahme Enterprises Pty Ltd (in liq) [2003] NSWSC 673; (2003) 46 ACSR 458 - Vero Workers Compensation (NSW) Ltd v Ferretti Pty Ltd [2006] NSWSC 292; (2006) 57 ACSR 103 Category: Interlocutory applications Parties: Trajan John Kukulovski in his capacity as liquidator of Plaza West Pty Limited (in liquidation) (subject to deed of company arrangement) (First Plaintiff) Roderick Mackay Sutherland in his capacity as liquidator of Plaza West Pty Limited (in liquidation) (subject to deed of company arrangement) (Second Defendant) Plaza West Pty Limited (in liquidation) (subject to deed of company arrangement) (Defendant) Representation: Counsel: A.P. Coleman SC/A.W. Smith (Plaintiffs) Solicitors: ERA Legal (Plaintiffs) File Number(s): 2013/483390