In the matter of Bobos Engineering Australia Pty Limited [2015] NSWSC 2050

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bobos Engineering Australia Pty Limited [2015] NSWSC 2050 Hearing dates: 22 April 2015 Date of orders: 22 April 2015 Decision date: 22 April 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Application for further adjournment dismissed; Winding up order made and liquidators appointed. Catchwords: CORPORATIONS – winding up – application to adjourn winding up proceedings – where further adjournment sought to permit consideration of deed of company arrangement – where unlikely that deed would be approved by creditors – where viability of deed unconfirmed – where result of deed not clearly superior to liquidation – where further costs will be incurred if proceedings adjourned – held, application for adjournment dismissed; CORPORATIONS – winding up – winding up in insolvency – failure to comply with creditor's statutory demand – presumption of insolvency – suitability of appointing administrators as liquidators. Legislation Cited: (Cth) Corporations Act 2001, s 439A, s 440A Category: Principal judgment Parties: Workers Compensation Nominal Insurer ACN 564 379 108 (plaintiff) Bobos Engineering Australia Pty Ltd ACN 083 002 411 (defendant) Representation: Counsel: Mr K Metlej (solicitor) (plaintiff) (mentioning Office of State Revenue) Mr J Hynes (administrator) Mr N Bobos (director) (defendant) Mr Vrong (supporting creditor)

Solicitors: Craddock Murray Neumann Lawyers Pty Ltd (plaintiff) Fisher Jeffries (defendant) File Number(s): 2014/361767