In the matter of Bobos Engineering Australia Pty Ltd [2015] NSWSC 2027

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bobos Engineering Australia Pty Ltd [2015] NSWSC 2027 Hearing dates: 25 March 2015 Date of orders: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Winding up proceedings adjourned pending outcome of administration. Catchwords: CORPORATIONS – winding up – winding up in insolvency – adjournment of winding up proceedings –where administrator appointed immediately prior to hearing of winding up application – whether in interests of company's creditors that company continue under administration rather than be wound up – level of persuasion required – where short adjournment sought – where petitioning creditor opposes adjournment – where likely that deed of company arrangement will be proposed – held, continuing under administration for short period in interests of company's creditors. Legislation Cited: (Cth) Corporations Act 2001, Pt 5.3A, s 440A Cases Cited: Deputy Commissioner of Taxation v Bradley Keeling Management Pty Ltd (2003) 44 ACSR 377 Gorst Rural Supplies Pty Ltd v Glenroy (Lake Bolac) Pty Ltd [2012] VSC 60 In the matter of Offshore & Ocean Engineering Pty Ltd [2012] NSWSC 1296 In the matter of Reed Constructions Australia Pty Ltd [2012] NSWSC 1045 In the matter of TMTE Group Pty Ltd [2014] NSWSC 1895 Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd [2012] NSWCA 371 Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer ABN 83564379108 Bobos Engineering Australia Pty Ltd ACN 083 002 411 Representation: Counsel: K Metlej (solicitor) (plaintiff) J Hynes (defendant)