In the matter of El Zorro Transport Pty Ltd [2013] NSWSC 1082

Supreme Court New South Wales

Medium Neutral Citation: In the matter of El Zorro Transport Pty Ltd [2013] NSWSC 1082 Hearing dates: Monday 8 July 2013 Decision date: 08 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that the defendant be wound up. Order that David Anthony Hurst and Philip Raymond Hosking of Hosking Hurst Pty Ltd be appointed official liquidators of the defendant. Order that the plaintiff's costs be paid out of the assets of the defendant. Decline to order that costs of the application be costs in the administration of the company. Catchwords: CORPORATIONS - External administration - winding up - where dispute as to appropriate appointee - plaintiff's nominee ordinarily appointed - where administrator seeks appointment as liquidator - whether grounds for departing from ordinary course of appointing plaintiff's nominee Cases Cited: Barclay v Barclay (Kearney J, Supreme Court of NSW, 22 December 1978, unreported) Parkinson v Morkaya [2008] NSWSC 1183 Glenwood Village Pty Ltd v Glen Alpine Constructions Pty Ltd [2009] NSWSC 516 Workers Compensation Nominal Insurer v Perfume Empire Pty Ltd [2011] NSWSC 380 Category: Principal judgment Parties: Consolidated Rail Leasing Pty Limited (plaintiff) El Zorro Transport Pty Limited (defendant) AWB (Australia) Pty Limited (first supporting creditor) Grain Corp Operations Limited (second supporting creditor) Workers Compensation Nominal Insurer ABN 83 564 379 108 (third supporting creditor) Representation: Counsel: Mr AW Smith (plaintiff) Mr GD McDonald (defendant) Mr A Jois (first supporting creditor - solicitor) Ms A Barwick (second supporting creditor - solicitor) Mr J Idas (third supporting creditor - solicitor) Solicitors: Zraika Partners Lawyers (plaintiff) MSB Lawyers (defendant) Greenfields (first supporting creditor) Mills Oakley Lawyers (second supporting creditor) Forbes Dowling Lawyers Pty Limited (third supporting creditor) File Number(s): 13/ 157013