In the matter of S.C.W. Pty Ltd. [2013] NSWSC 578

Supreme Court New South Wales

Medium Neutral Citation: In the matter of S.C.W. Pty Ltd. [2013] NSWSC 578 Hearing dates: 6 May 2013 Decision date: 07 May 2013 Jurisdiction: Equity Division - Commercial List Before: Rein J Decision: Injunctive relief refused. Orders the applicant to pay the respondents' costs of the interlocutory process. Catchwords: CORPORATIONS LAW - appeals from decision of a liquidator to sell by tender process causes of actions against officers of the company in liquidation. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Re Jay-O-Bees Pty Ltd (in liq) (2004) 50 ACSR 565 JS McMillan Pty Ltd & Ors v Commonwealth of Australia (1997) 147 ALR 419 McGrath v Sturesteps (2011) 81 NSWLR 690 SCW Pty Ltd [2013] NSWSC 302 Texts Cited: McPhersons: The Law of Company Liquidation, 4th edition, A Keay (ed.) Category: Principal judgment Parties: Clelia Cantarella (first applicant) Canwin (Aust) Pty Ltd (second applicant) Jamieson Louttit (first respondent) S.C.W. Pty Ltd (in liquidation) (second respondent) Mr Leslie John Schirato (third respondent) Schirato Pty Ltd (fourth respondent) Representation: Counsel: Mr AS Martin SC; Ms JE Richards (applicants) Mr T. Jucovic SC; Mr N.F. Kerr (first and second respondents) Mr Izzo (third and fourth respondents) Solicitors: Andrew Priestley & Associates (first and second applicant) Jamieson Louttit & Associates (first and second respondents) King & Wood Mallesons (third and fourth respondents) File Number(s): 2011/85140