In the matter of Steel Tigers Pty Ltd (in liq) [2014] NSWSC 1748

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Steel Tigers Pty Ltd (in liq) [2014] NSWSC 1748 Hearing dates: 28 November 2014 Decision date: 28 November 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Warrants issued under s 530C of the Corporations Act 2001 (Cth) to authorise liquidators to search for and seize relevant vehicles. Catchwords: CORPORATIONS - winding up - liquidators - ex parte application for issue of warrants under Corporations Act 2001 (Cth) s 530C - whether relevant persons have removed relevant property of company to prevent or delay liquidators from taking control of property - whether a purported transfer of relevant property precludes the issuing of a warrant - undertakings as to damages - whether there is a proper basis for warrants to be issued - whether warrants should be subject to conditions - whether liquidators should otherwise be authorised to take possession of vehicles under Uniform Civil Procedure Rules 2005 (NSW) r 25.3 or inherent jurisdiction. Legislation Cited: - Corporations Act 2001 (Cth) s 530C - Personal Property Securities Act 2009 (Cth) - Uniform Civil Procedure Rules 2005 (NSW) r 25.3 Cases Cited: - Bassoak Pty Ltd (recs and mgrs apptd) v Rellgrove Pty Ltd [2006] NSWSC 262; (2006) 57 ACSR 86 - Cammaroto Poultry Pty Ltd v Southern Food Management Pty Ltd (No 2) [2009] VSC 415 - Crisp, in the matter of Buchanan Group Holdings Pty Ltd v Iliopoulos [2011] FCA 1526 - Cvitanovic v Kenna & Brown Pty Ltd (1995) 18 ACSR 387 - GB Gazzana v Nadalan Enterprises Pty Ltd [2012] NSWSC 676 - Re Ezyclad Pty Ltd (in liq) [2014] VSC 66; (2014) 98 ACSR 38 - Re Global SDR Technologies Pty Ltd (prov liquidator apptd) [2005] VSC 454; (2005) 224 ALR 464 - Re Whitemore Holdings Ltd (in liq) [2004] FCA 806 - Vartelas (as liquidator of Ultimate Furniture Design Pty Ltd (in liq)) v Kyriakou [2009] FCA 1489 Category: Interlocutory applications Parties: Roderick Mackay Sutherland (First Plaintiff) Steel Tigers Pty Ltd (in liq) (Second Plaintiff) OSM Transport Pty Ltd (in liq) (First Defendant) Ahmad Kreidie (Second Defendant) Mousbah Kreidie (also known as Josef Kreidie) (Third Defendant) Kreidies Management Group Pty Ltd (Fourth Defendant) KMG Group (Aust) Pty Ltd (Fifth Defendant) Salaheddine Kreidie (Sixth Defendant) AAA Transport Pty Ltd (Seventh Defendant) David Solomons and Riad Tayeh in their capacities as joint and several liquidators of OSM Transport Pty Ltd (in liq) (Eighth Defendant) Representation: Counsel: A Di Francesco (First and Second Plaintiffs) M A Karam (First Defendant) Solicitors: Thomson Geer (First and Second Plaintiffs) O'Neill Partners (First Defendant) File Number(s): 2014/308761