In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (administrators appointed) & Ors [2015] NSWSC 2003

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (administrators appointed) & Ors [2015] NSWSC 2003 Hearing dates: 3 and 4 December 2015 Decision date: 04 December 2015 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with proposed short minutes of order of administrators, as amended. Catchwords: CORPORATIONS – management and administration – orders sought for modification of operation of Corporations Act s 443A for limitation of company's and administrators' personal liability in respect of relevant borrowings – whether interests of company's creditors best served by administrators' actions – whether creditors of company are prejudiced or disadvantaged by orders sought. Legislation Cited: - Corporations Act 2001 (Cth) ss 443A, 447A Cases Cited: - - Mentha Re Griffin Coal Mining Co Pty Ltd (admin apptd) [2010] FCA 1469; (2010) 82 ACSR 142 - Re Nexus Energy Ltd [2014] NSWSC 1041 - Re System Advisors Group Pty Ltd [2013] NSWSC 826 - Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (admin app) [2011] FCA 1493 Category: Procedural and other rulings Parties: Rahul Goyal, Richard Scott Tucker and Craig Peter Shepard as joint and several administrators of Renex Holdings (Dandenong) 1 Pty Ltd (admins apptd), Renex Holdings (Dandenong) 2 Pty Ltd (admins apptd), Renex Operations (Dandenong) Pty Ltd (admins apptd), Renex Technology Pty Ltd (admins apptd) and Renex Land (Dandenong) Pty Ltd (admins apptd) (Plaintiffs) Representation: Counsel: C N Bova (Plaintiffs) N Tatasciore (solicitor – 3 December 2015) (Creditor) J Burnett (solicitor – 4 December 2015) (Creditor)