In the matter of Ambient Advertising Pty Ltd (in liquidation) [2015] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Ambient Advertising Pty Ltd (in liquidation) [2015] NSWSC 1079 Hearing dates: 3 August 2015 Date of orders: 05 August 2015 Decision date: 05 August 2015 Jurisdiction: Equity Division Before: Robb J Decision: Refer to [47] Catchwords: CORPORATIONS – winding up – creditors' voluntary winding up – application for appointment of special purpose liquidator – significant creditor presents cogent case for investigation of dealings in period before the creditors' voluntary winding up – creditor lacks confidence in existing liquidator – creditor willing to fund investigations for special purpose liquidator – held that appointment of special purpose liquidator would be beneficial to the administration of the winding up – court has jurisdiction to appoint – order sought under s 477(2B) granted Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: In the matter of Mustang Marine Australia Services Pty Ltd [2012] NSWSC 620 In the matter of One.Tel Ltd [2014] NSWSC 457 Lo v Nielsen & Moller Autoglass (NSW) Pty Ltd [2008] NSWSC 407 Category: Principal judgment Parties: Foot Traffic Media Pty Ltd (plaintiff) Ambient Advertising Pty Ltd (In Liquidation) (first defendant) John Vouris and Bradley John Tonks in their capacity as several and joint liquidators for Ambient Advertising Pty Ltd (In Liquidation) (second defendants) Representation: Counsel: Mr Golledge (plaintiff)

Solicitors: Henry Davis York (plaintiff) File Number(s): 2015/170105 Publication restriction: None