In the matter of Sultan Trad Pty Limited (in liquidation) ACN 132 643 228 [2016] NSWSC 1633

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sultan Trad Pty Limited (in liquidation) ACN 132 643 228 [2016] NSWSC 1633 Hearing dates: Monday, 7 November 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Proceedings adjourned to 28 November 2016 in the Corporations Judge's directions list. Catchwords: CORPORATIONS – winding up – liquidators – judicial advice – whether liquidator justified in making payments to obtain delivery of bottles of wine or causing company to enter into agreement to obtain delivery of wine – whether liquidator justified in dealing with wine or moneys received as assets of company for purposes of winding up – unascertained and future goods – whether appropriated to contract and property passed – whether assent to appropriation occurred – held, further submissions required – held, not appropriate to give advice at this stage Legislation Cited: (CTH) Corporations Act 2001, s 511 (NSW) Sale of Goods Act 1923, s 5 Cases Cited: B & H Constructions Pty Ltd v Campbell [1963] NSWR 333 Dutton v World Trade Promotions [1984] 3 NSWLR 130 Stein, Forbes & Co v County Tailoring Co (1917) 86 LJKB 448 Wardar's (Import & Export) Co Ltd v W Norwood & Sons Ltd [1968] 2 QB 663 Texts Cited: KCT Sutton, Sales and Consumer Law (1967) 4th e Category: Procedural and other rulings Parties: Bradd William Morelli in his capacity as liquidator of Sultan Trad Pty Limited (in liq) (first plaintiff) Sultan Trad Pty Limited (in liquidation) ACN 132 643 228 (second plaintiff) Representation: Counsel: H K Insall SC (plaintiff)