In the matter of Aspirion Group Pty Ltd (receiver and manager appointed) and In the matter of Aspirion Holdings Pty Ltd (receiver and manager appointed) [2014] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Aspirion Group Pty Ltd (receiver and manager appointed) and In the matter of Aspirion Holdings Pty Ltd (receiver and manager appointed) [2014] NSWSC 39 Hearing dates: 3 February 2014 Decision date: 03 February 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order for winding up of companies. Extension of time for lodgement of special resolution with the Australian Securities and Investments Commission. Order dispensing with publication of notice of winding up application. Costs reserved. Catchwords: CORPORATIONS - supervision - courts - application for an order under s 1322(4)(d) of the Corporations Act 2001 (Cth) extending the time for a company to give notice of special resolution in accordance with s 461(2). CORPORATIONS - winding up - applications for winding up by court under s 461(1)(a) of Corporations Act 2001 (Cth) - whether requirements for order are satisfied. CORPORATIONS - winding up - application for appointment of liquidator - whether conflict of interest may have arisen if receivers of holding company were appointed as liquidators of subsidiary. Legislation Cited: - Corporations Act 2001 (Cth) ss 461(1)(a), 466(2), 467, 1322(4) Cases Cited: - Hillig v Darkinjung Pty Ltd [2006] NSWSC 1371; (2006) 205 FLR 450 - Re Kala Capital Pty Ltd [2011] NSWSC 1253 - MFS Alternative Assets (in liq) v Angstrom Assets Pty Ltd [2012] NSWSC 447 Category: Interlocutory applications Parties: Aspirion Group Pty Ltd (receivers and managers appointed) (First Plaintiff) Aspirion Holdings Pty Ltd (receivers and managers appointed) (Second Plaintiff) Scott Gustetter (First Defendant) Aspirion Consulting Pty Ltd (Second Defendant) Aspirion People Pty Ltd (Third Defendant) Synergos Pty Ltd (Fourth Defendant) Aspirion Technology Pty Ltd (Fifth Defendant) ASP Property 2 Pty Ltd (Sixth Defendant) Aspirion International Pty Ltd (Seventh Defendant) Representation: Counsel: J T Johnson (Plaintiffs) B Connell (Defendants) Solicitors: Megan McCormick and Andrew Williams (Plaintiffs) Eakin McCaffrey Cox (Defendants) File Number(s): 2013/382776