In the matter of Brandup Pty Ltd; In the matter of Brandup Building Solutions Pty Ltd ; In the matter of Green Tomorrow Eco Solutions Pty Ltd; In the matter of Green Tomorrow Pty Ltd [2015] NSWSC 2000

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Brandup Pty Ltd; In the matter of Brandup Building Solutions Pty Ltd ; In the matter of Green Tomorrow Eco Solutions Pty Ltd; In the matter of Green Tomorrow Pty Ltd [2015] NSWSC 2000 Hearing dates: 7 September 2015 Decision date: 07 September 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application for adjournment of winding up application dismissed Catchwords: CORPORATIONS – winding up – winding up in insolvency – application to wind up company for failure to comply with statutory demand – application for adjournment of hearing application under Corporations Act 2001 (Cth) s 440A –whether it is in the interests of company's creditors for company to continue under administration rather than be wound up Legislation Cited: Corporations Act 2001 (Cth) s 440A(2). Cases Cited: - Deputy Commissioner of Taxation v Polcarp Pty Ltd [2011] FCA 1142 - Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 - Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd, [2012] NSWCA 371 - Re Offshore and Ocean Engineering Pty Ltd [2012] NSWSC 1296 - Weriton Finance Pty Ltd v PNR Pty Ltd (in admin) [2012] NSWSC 1402; (2012) 92 ACSR 88 Category: Principal judgment Parties: 2015/197441 Deputy Commissioner of Taxation (Plaintiff) Brandup Pty Ltd (Defendant) 2015/197463 Deputy Commissioner of Taxation (Plaintiff) Brandup Building Solutions Pty Ltd (Defendant) 2015/197464 Deputy Commissioner of Taxation (Plaintiff) Green Tomorrow Eco Solutions Pty Ltd (Defendant) 2015/216850 Deputy Commissioner of Taxation (Plaintiff) Green Tomorrow Pty Ltd (Defendant) Representation: Counsel: K Metlej (Plaintiff) J T Johnson (Defendants)