In the matter of Austra Constructions Pty Limited [2015] NSWSC 2102

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Austra Constructions Pty Limited [2015] NSWSC 2102 Hearing dates: 17 August 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Winding up order made; interlocutory process dismissed. Catchwords: CORPORATIONS – winding up – liquidators –application for leave by administrators to be appointed as liquidators – appointment of plaintiff's nominee as starting point – duplication of work in appointing liquidator – where company used voluntary administration to delay inevitable liquidation and to divest assets to related entities – where possible association of administrators with directors may undermine administrators' independence and impartiality in liquidation; PROCEDURE – costs – whether costs of administrators' application to be appointed as liquidators to be treated as costs in administration – where administrators did not impugn independence of plaintiff's nominee – where administrators did not engage in dispute between creditors – reasonableness of application Legislation Cited: (CTH) Corporations Act 2001, s 439A, s 532(2) (CTH) Income Tax Assessment Act 1936 Cases Cited: In the Matter of El Zorro Transport Pty Limited [2013] NSWSC 1082 Category: Principal judgment Parties: Deputy Commissioner of Taxation (plaintiff) Austra Construction Pty Ltd (Administrators Appointed) (defendant) Representation: Counsel: K Metlej (solicitor) (plaintiff) C A Hagon (solicitor) (defendant)