In the matter of H&P Newcastle Pty Limited (in liquidation) [2013] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: In the matter of H&P Newcastle Pty Limited (in liquidation) [2013] NSWSC 778 Hearing dates: 10 April 2013 Decision date: 10 April 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made nunc pro tunc that each of the resolutions made by the first applicant at the specified meeting were not invalid by reason of any contravention of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS - winding up - meetings - order sought by liquidator that resolutions passed at meeting were not invalid by reason of any contravention of the Corporations At 2001 (Cth) - where a partner who believed they were trustee in bankruptcy signed consent form instead of the partner who did hold the position of trustee in bankruptcy - whether can be treated as procedural irregularity - whether the power under s 1322(4)(a) Corporations Act may be exercised. Legislation Cited: Corporations Act 2001 (Cth) ss 249F, 249T, 1322, 1322(1)(b), 1322(2), 1322(4), 1322(4)(a), 1322(6) Taxation Administration Act 1953 (Cth) ss 269-15 - 269-25. Cases Cited: - Beck v L W Furniture Consolidated (Aust) Pty Ltd [2012] NSWCA 76; (2012) 87 ACSR 672 - Holmes v Life Funds of Australia Ltd [1971] 1 NSWLR 860 - NRMA Ltd v Gould (1995) 18 ACSR 290 - Re Wave Capital Ltd [2003] FCA 969; (2003) 47 ACSR 418 - Re Wood Parsons Pty Ltd (in liq) (2002) 43 ACSR 257 Category: Principal judgment Parties: H&P Newcastle Pty Limited (in liquidation) (First Applicant) Stewart William Free in his capacity as liquidators of H&P Newcastle Pty Limited (in liquidation) (Second Applicant) Representation: Counsel: J.S. Emmett (Applicants) Solicitors: Dibbs Barker (Applicants) File Number(s): 2013/108512