In the matter of SCW Pty Limited [2013] NSWSC 302

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SCW Pty Limited [2013] NSWSC 302 Hearing dates: 12 February 2013 Decision date: 12 February 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that the Liquidator would not be justified in not engaging in further discussions with the First and Second Plaintiffs about the proposal referred to in the letter from King & Wood Mallesons dated 5 April 2012 and/or the revised proposal referred to in the letter from King & Wood Mallesons dated 27 June 2012 Order that the Liquidator would be justified in engaging in further discussions with the First and Second Plaintiffs about the proposal referred to in the letter from King & Wood Mallesons date 5 April 2012 and/or the revised proposal referred to in the letter from King & Wood Mallesons dated 27 June 2012 but only on the basis that the Liquidator is not obliged to keep those discussion confidential Catchwords: CORPORATIONS - Winding up - (Cth) Corporations Act 2001 s 479(3) - Application for directions in relation to matters arising under winding up - whether the Liquidator would be justified in not engaging in further discussions relating to a proposed sale of causes of action or to do so only on certain terms Legislation Cited: (Cth) Corporations Act 2001 Cases Cited: Carpenter v Pioneer Park Pty Ltd (2008) 71 NSWLR 577 Chahwan v Euphoric Pty Ltd (2008) 227 FLR 43 Citicorp Australia Ltd v Official Trustee in Bankruptcy (1996) 141 ALR 667 Cotterill v Bank of Singapore (Australia) (1995) 37 NSWLR 238 Ragless v IPA Holdings (In Liq) (2008) 65 ASCR 700 Ramsay v Hartley (1997) 1 WLR 686 Re Park Gate Wagon Works Company (1891) 17 CD 234 Seear v Lawson (1880) 15 CD 426 Stein v Blake (1996) 1 AP 243 Syndicate Mortgage Solutions Pty Ltd v El-Sayad [2010] NSWSC 348 Category: Principal judgment Parties: Leslie John Schirato (First Plaintiff) Schirato Pty Ltd (Second Plaintiff) SCW Pty Ltd (In Liquidation) (First Defendant/ Applicant) Clelia Cantarella (Formerly Winton) (Second Defendant) Canwin (Aust) Pty Ltd (Third Defendant) Representation: Counsel: AC Archibald QC w MA Izzo (Plaintiff) T Jucovic QC w VF Kerr (First Defendant) AS Martin SC w JE Richards (Second & Third Defendant) Solicitors: King Wood Mallesons (Plaintiffs) Piper Alderman (First Defendant) Andrew Priestly Associates (Second & Third Defendant) File Number(s): 2011/ 85140