In the matter of ACN 108 153 251 Pty Limited (formerly JFTA Pty Limited) (in liquidation) [2014] NSWSC 1903

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 108 153 251 Pty Limited (formerly JFTA Pty Limited) (in liquidation) [2014] NSWSC 1903 Hearing dates: 4 September 2014 Date of orders: 04 September 2014 Decision date: 04 September 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The company was insolvent on 30 April 2011 Catchwords: CORPORATIONS – external administration – winding up – insolvency – proof of insolvency Legislation Cited: (Cth) Corporations Act 2001, s 588FE(3), s 588FGA (NSW) Uniform Civil Procedure Rules, r 28.2, r 28.5 Category: Principal judgment Parties: Sule Arnautovic in his capacity as joint and several liquidator of ACN 108 153 251 Pty Limited (in liq) (first plaintiff) Roderick Mackay Sutherland in his capacity as joint and several liquidator of ACN 108 153 251 Pty Limited (in liq) (second plaintiff) ACN 108 153 251 Pty Limited (formerly JFTA Pty Limited) (third plaintiff) ARA Electrical Engineering Services Pty Ltd (first defendant) ADR Group Pty Limited (second defendant) Australian Foundation Drilling & Shoring Pty Limited (fourth defendant) CCAPL Pty Limited (sixth defendant) Coates Hire Operations Pty Limited (seventh defendant) Direct Skills Pty Limited (ninth defendant) GW & ND McDonald (fourteenth defendant) Pump Affinity Pty Limited (twentieth defendant) Convault Australia Pty Limited (twenty-second defendant) Limeville Pty Limited (twenty-third defendant) Luxton Plant Pty Limited (twenty-fourth defendant) Representation: Counsel: S J Gallant (solicitor) (plaintiffs)