In the matter of Hunter Valley Foods Pty Ltd [2016] NSWSC 1903

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hunter Valley Foods Pty Ltd [2016] NSWSC 1903 Hearing dates: Monday, 7 November 2016 Date of orders: 09 November 2016 Decision date: 09 November 2016 Before: Brereton J Decision: Court declines to exercise jurisdiction. Plaintiff's interlocutory process filed 22 July 2016 dismissed. Catchwords: CORPORATIONS – winding up – unfair preferences – application for Court to decline to exercise jurisdiction – whether Court has jurisdiction in the proceedings – whether cause of action arose in NSW – cause of action does not necessarily arise at place where bank account out of which impugned payment made is located – direction given on behalf as to how payment was to be made was in NSW – held, Court has jurisdiction – whether Court should decline to exercise jurisdiction – whether case is so weak as to be amendable to summary dismissal – equitable purchaser's lien – secured creditor – impugned payment falls outside scope of s 588F Legislation Cited: (CTH) Corporations Act 2001, s 588F, s 588FA, s 588FE, s 588FF (NSW) Uniform Civil Procedure Rules 2005, r 11.2, r 11.4 Cases Cited: Agar v Hyde [2000] HCA 41; 201 CLR 552 ASIC v Sweeney (No 2) [2000] NSWSC 1121 Burgess v Wheate (1759) 1 Wm Bl 123 Distillers Company Biochemicals Limited v Thompson [1971] AC 458; [1971] 1 NSWLR 831 Frankcombe v Foster Investments Pty Limited [1978] 2 NSWLR 41 Hewett v Court (1983) 149 CLR 639 International Finance Corporation v DSLL Offshore Ltd [2005] EWHHC 1844 (Comm); [2007] 2 AllER (Comm) Kimberley NZI Finance Ltd v A R Barr Investments Pty Limited [1990] ANZ ConvR 438 New Cap Reinsurance Pty Limited v Renaissance Reinsurance Limited [2002] NSWCA 561; 92 ALR 601 Re Mustang Marine Australia Pty Limited [2013] NSWSC 360 Rose v Watson (1864) 10 HL Cas 672 Rose v Watson (1864) 10 HL Cas 672 Voth v Manildra Flour Mills Pty Limited (1990) 171 CLR 538 Woodgate v Network Associates International BV [2007] NSWSC 1260 Woodings v James (1996) 21 ACSR 397 Category: Principal judgment Parties: James Alexander Shaw and Jeffrey Alan Shute as joint & several liquidators of Hunter Valley Australia Foods Pty Ltd (first plaintiffs) Hunter Valley Australia Foods Pty Limited (second plaintiff) Austri-Asia Foods Pty Ltd (defendant) Representation: Counsel: N Kulkarni (plaintiffs) D Krochmalik (defendant)