Minh Tan Tran v Nicols [2015] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: Minh Tan Tran v Nicols [2015] NSWSC 1635 Hearing dates: 28 – 29 October 2015 Date of orders: 05 November 2015 Decision date: 05 November 2015 Jurisdiction: Equity - Corporations List Before: Bergin CJ in Eq Decision: Applications dismissed Catchwords: LIQUIDATORS – failure by company to pay amount demanded by Deputy Commissioner of Taxation – application for winding up filed – where two weeks before winding up order $110,000 transferred out of company's accounts – where three days before order registration of eleven motor vehicles in company's fleet transferred into name of another company controlled by one of the applicants - where liquidator repossessed two of the motor vehicle – where liquidator retained funds paid to company by contractor – whether cause shown for removal of liquidator Legislation Cited: Corporations Act 2001 (Cth) Income Tax Assessment Act 1997 (Cth) Road Transport Act 2013 Cases Cited: Apple Computer Australia Pty Ltd v Wily [2003] NSWSC 719 Camilla Holdings Pty Limited v International Task Pty Limited (in liquidation) (1987) 5 ACLC 972 Domino Hire Pty Ltd v Pioneer Park Pty Ltd [2003] NSWSC 496 In the matter of St Gregory's Armenian School (in liq) [2012] NSWSC 1215 SingTel Optus Pty Limited & Ors v Weston [2012] NSWSC 674 Category: Principal judgment Parties: Minh Tan Tran (First Applicant) Minh Tam Tran (Second Applicant) Steven Nicols in his capacity as liquidator of T&T Air Conditioning Pty Ltd (First Respondent) T&T Air Conditioning Pty Ltd (Second Respondent) Representation: Counsel: M Rosenblatt (solicitor) (Applicants) EW Young (Respondents)