In the matter of O'Neill v Advantage Hearing Pty Limited [2013] NSWSC 175

Supreme Court New South Wales

Medium Neutral Citation: In the matter of O'Neill v Advantage Hearing Pty Limited [2013] NSWSC 175 Hearing dates: 4 March 2013 Decision date: 04 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Interlocutory relief as sought in originating process not granted. Proceeding listed for further directions. Catchwords: CORPORATIONS - Management and administration - Officers of corporation - Order sought under s 1324 of the Corporations Act 2001 (Cth) that director be restrained from appointing an administrator or voluntary administrator - Whether company insolvent or likely to become insolvent - Whether appointment of administrator would be for improper purpose - Whether basis for interim relief is established. Legislation Cited: Corporations Act 2001 (Cth) ss 436A, 1324, Pt 5.3A Cases Cited: - Deputy Commissioner of Taxation v Portinex Pty Ltd [2000] NSWSC 557; (2000) 34 ACSR 422 Texts Cited: - Austin and Black's Annotations to the Corporations Act [5.436A] Category: Interlocutory applications Parties: Matthew John O'Neill (Plaintiff) Advantage Hearing Pty Limited (First Defendant) Rhonda Helen Hughes (Second Defendant) Soeren Iversen (Third Defendant) R & M Hughes Pty Limited (Fourth Defendant) SIV Holdings Pty Limited (Fifth Defendant) Representation: Counsel: M.J. Cohen (Plaintiff) Solicitors: Kenny Spring (Plaintiff) File Number(s): 2013/66304