In the matter of ACN 151 738 135 Pty Limited [2015] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 151 738 135 Pty Limited [2015] NSWSC 1216 Hearing dates: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application for leave under s 459S of the Corporations Act 2001 (Cth) be dismissed. Order that the Defendant be wound up in insolvency. Plaintiff's costs of s 459S and winding up applications be costs in the winding up. Mr Peter Krejci be appointed liquidator of the Defendant. Catchwords: CORPORATIONS – winding up – winding up in insolvency – application for leave under s 459S of the Corporations Act – where company seeks to rely on purported assignments of the debt the subject of the demand to the director of the company –whether the issuer of the demand was a creditor as a result of the assignments – whether requirements for leave under s 459S are satisfied.

CORPORATIONS – winding up – liquidators – appointment of liquidator – whether proposed liquidator has conflict of interest. Legislation Cited: - Corporations Act 2001 (Cth) pt 5.4; ss 459G, 459P, 459S, 459S(2) - Evidence Act 1995 (NSW) s 136 Cases Cited: - Australian Securities and Investments Commission v Lanepoint Pty Limited (recs and mgrs apptd) [2011] HCA 18; (2011) 244 CLR 1 - Braams Group Pty Limited v Miric (2002) NSWCA 417 - Chief Commissioner of Stamp Duty v Paliflex (1999) 17 ACLC 48 - Australian Securities and Investments Commission v Lanepoint Enterprises Pty Limited (recs and mgrs apptd) [2011] HCA 18; (2011) 244 CLR 1 - Braams Group Pty Limited v Miric [2002] NSWCA 417 - Chief Commissioner of Stamp Duty v Paliflex (1999) 47 NSWLR 382 - Hopgood Ganim (a firm) v Tabtill Pty Limited [2012] QSC 204 - Perpetual Nominee Limited v NA Investment Holdings Pty Limited [2011] NSWSC 282 - Re Vangory Holdings Pty Limited [2015] NSWSC 546 - Soundwave Festival Pty Limited v Altered State (W.A.) Pty Limited (No 1) [2014] FCA 466 - Switz Pty Limited v Glowbind Pty Limited [2000] NSWCA 37; (2000) 48 NSWLR 661 - Williams v Spautz (1992) 174 CLR 509 Category: Principal judgment Parties: Action Motor Group Pty Ltd (in liquidation) (Plaintiff) AC N 151 738 135 Pty Ltd (Defendant) Representation: Counsel: M Dawson (Plaintiff) J T Johnson (Defendant)