In the matter of Maria’s Farm Veggies Pty Ltd (admins apptd) [2016] NSWSC 1770

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Maria's Farm Veggies Pty Ltd (admins apptd) [2016] NSWSC 1770 Hearing dates: 29 November 2016 Decision date: 30 November 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the application of the administrators of Maria's Farm Veggies Pty Limited (admins apptd) filed on 24 November 2016 be dismissed, and the costs of that application be reserved. Ancillary orders made. Catchwords: CORPORATIONS — voluntary administration — application by administrators of company under s 447C of the Corporations Act 2001 (Cth) – where administrators sought declaration that their appointment as administrators was valid – where defendant contended that appointor was not entitled to appoint the administrators under s 436C of the Corporations Act 2001 (Cth) – whether appointor was not "entitled to enforce" its security interest for the purposes of s 436C of the Corporations Act 2001 (Cth) by reason of s 8 of the Farm Debt Mediation Act 1994 (NSW) – whether appointment of an administrator is an "enforcement action" for the purposes of s 6 of the Farm Debt Mediation Act 1994 (NSW). Legislation Cited: - Interpretation Act 1987 (NSW), s 33 - Duties Act 1997 (NSW), s 211 - Farm Debt Mediation Act 1994 (NSW), ss 3, 4, 5, 6, 8, 9 - Corporations Act 2001 (Cth), ss 436C, 447A, 447C, Pt 5.3A Cases Cited: - Australian Cherry Exports Ltd v Commonwealth Bank of Australia (1996) 39 NSWLR 337 - Australian Innovation Ltd v Dean-Willcocks [2001] NSWSC 1204; (2001) 166 FLR 360 - Boz One Pty Ltd v McLellan [2015] VSCA 68; (2015) 105 ACSR 325 - Calabretta v Redpen Developments Pty Ltd (in liq) (recs and mgrs apptd) [2010] FCA 81; (2010) 183 FCR 47 - Constantinidis v Equititrust Ltd [2010] NSWSC 299; (2010) 14 BPR 27,217 - Correa v Whittingham [2013] NSWCA 263; (2013) 278 FLR 310 - Horton v Alberran [2005] VSC 166 - Photios v Cussen (in their capacity as joint administrators of Beechworth Land Estates Pty Ltd (admins apptd) [2015] NSWSC 336 - Re Bluenergy Group Ltd (Subject to a Deed of Company Arrangement) (Admin Apptd) [2015] NSWSC 977; (2015) 300 FLR 155 - Re HPI Australia Pty Ltd [2008] NSWSC 1106 - Re Sundara Pty Ltd [2015] NSWSC 1694 - Smolarek v McMaster (as administrator of Eznet Pty Ltd [2006] WASCA 216 - Varga v Commonwealth Bank of Australia Ltd [1996] NSWSC 86 - Waller v Hargraves Secured Investments Ltd [2012] HCA 4; (2012) 245 CLR 311 Category: Procedural and other rulings Parties: Rahul Goyal and David Winterbottom in their capacities as voluntary administrators of Maria's Farm Veggies Pty Limited (administrators appointed) (Plaintiffs) Australian-Dutch Glasshouse Systems Pty Limited (First Defendant) Cornelis Disselkoen (Second Defendant) Stefan Disselkoen (Third Defendant) Hortiagro Services Pty Limited (Fourth Defendant) Maria's Kitchen Gardens Pty Limited (Fifth Defendant) Horticulture & Energy Investment Company Australia No. 1 Pty Limited (Sixth Defendant) Representation: Counsel: C N Bova (Plaintiffs/Applicants) C. Cassimatis (Defendants/Respondents)