In the matter of Bero Admin Services Pty Limited [2015] NSWSC 2097

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bero Admin Services Pty Limited [2015] NSWSC 2097 Hearing dates: 4 August 2015 Date of orders: 04 August 2015 Decision date: 04 August 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Appeal dismissed. Catchwords: APPEALS – appeal from decision of registrar – where registrar refused to adjourn winding up – whether "appeal" or "review" of registrar's decision – where final winding up order must be impugned to challenged interlocutory order not to adjourn winding up – leave to appeal in company's name – appeal by way of rehearing – availability of fresh evidence; CORPORATIONS – winding up – adjournment of winding up – (CTH) Corporations Act 2001, s 440A – whether in interests of creditors that administration continues – where administrator's s 439A report expresses preference for deed of company arrangement over liquidation – where company has no assets and is no longer trading – where no evidence of ability to fund payments to creditors under proposed deed – where payments partly guaranteed – where greater likely return to creditors from winding up – held, appeal against decision not to grant adjournment dismissed. Legislation Cited: (NSW) Civil Procedure Act 2005, s 67, s 135 (CTH) Corporations Act 2001, s 435A, s 439A, s 440A(2), s 471A, s 471A(1), s 482(1), Pt 5.3A (NSW) Supreme Court Act 1970, s 75A (NSW) Supreme Court (Corporations) Rules 1999, r 16.1 (NSW) Uniform Civil Procedure Rules 2005, Pt 49 Div 3 Cases Cited: Brolrik v Sambah [2001] NSWSC 1171; (2001) 40 ACSR 361; 21 ACLC 1,948; 154 FLR 91 Vynotas Pty Ltd v Mystic Crystals Franchises (Australia) Pty Ltd [1999] QCA 473 Category: Principal judgment Parties: Deputy Commissioner of Taxation (plaintiff/respondent) Bero Admin Services Pty Limited (defendant) Peter Gatens (applicant) Representation: Counsel: C D Wood (defendant/applicant) K Metlej (solicitor) (plaintiff/respondent)