In the matter of TMTE Group Pty Ltd [2014] NSWSC 1895

Supreme Court New South Wales

Medium Neutral Citation: In the matter of TMTE Group Pty Ltd [2014] NSWSC 1895 Hearing dates: 21 October 2014 Decision date: 21 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made in accordance with short minutes of order initialled and placed in the file. Catchwords: CORPORATIONS – winding up – winding up in insolvency – application to wind up company for failure to comply with statutory demand – application for adjournment of hearing application under Corporations Act 2001 (Cth) s 440A – where administrators appointed during pendency of winding up application and deed of company arrangement proposed – whether it is in the interests of company's creditors for company to continue under administration rather than be wound up – where presumption of insolvency arises from failure to comply with statutory demand – whether company should be wound up. Legislation Cited: - Corporations Act 2001 (Cth) ss 440A(2), 459A, 459P Cases Cited: - Deputy Commissioner of Taxation v Laguna Australia Airport Pty Ltd (admin apptd) [2013] FCA 1271 - Lubavitch Mazal Pty Ltd v Yeshiva Properties No 1 Pty Ltd [2003] NSWSC 535; (2003) 47 ACSR 197 - Offshore & Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd [2012] NSWCA 371 - Re Offshore & Ocean Engineering Pty Ltd [2012] NSWSC 1296 - Weriton Finance Pty Ltd v PNR Pty Ltd (In Administration) [2012] NSWSC 1402; (2012) 92 ACSR 88 Category: Principal judgment Parties: Deputy Commissioner of Taxation (Plaintiff) TMTE Group Pty Ltd (Defendant) Representation: Counsel: K Metlej (Sol - Plaintiff) S Ipp (Defendant)