In the matter of the Patterson Group Pty Ltd (in liq) ACN 070 677 020 [2014] NSWSC 1927

Supreme Court New South Wales

Medium Neutral Citation: In the matter of the Patterson Group Pty Ltd (in liq) ACN 070 677 020 [2014] NSWSC 1927 Hearing dates: 21 July 2014 Date of orders: 21 July 2014 Decision date: 21 July 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order that company be wound up. Catchwords: CORPORATIONS – winding up – winding up in insolvency – where corporation is subject to voluntary winding up – application by voluntary liquidators in order to provide standing for proceedings to recover dispositions Legislation Cited: (Cth) Corporations Act 2001, s 436A, s 459P, s 461(1)(k), s 462, s 467B, s 513C Cases Cited: CBA Corporate Services (NSW) Pty Limited v Walker and Moloney, in the matter of ZYX Learning Centres Limited (receivers and managers appointed) (in liq) [2013] FCAFC 74 Gericevich Contracting Pty Ltd v Sabemo (WA) Pty Ltd (1984) 9 ACLR 452 In the matter of EvCorp Grains Pty Ltd (No 2) [2014] NSWSC 155 Re Green (2004) 52 ACSR 452 Category: Procedural and other rulings Parties: Peter William Marsden and David John Kerr in their capacity as liquidators of the Patterson Group Pty Ltd (in liquidation) ACN 070 677 020 (plaintiff) Patterson Group Pty Ltd (in liquidation) ACN 070 677 020 (defendant) Australian Energy Market Commission (respondent) Representation: Counsel: J White (plaintiff) D Sulan (opposing creditor) Solicitors: Gadens Lawyers (plaintiff) Allens (opposing creditor) File Number(s): 2014/144484