In the matter of Gym & Tonic Healthclubs Pty Limited (ACN 135011853) (No 2) [2017] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Gym & Tonic Healthclubs Pty Limited (ACN 135011853) (No 2) [2017] NSWSC 50 Hearing dates: 6 February 2017 Decision date: 06 February 2017 Before: Barrett AJA Decision: 1. Order that Gym & Tonic Health Clubs Pty Limited ACN 135 011 853 be wound up in insolvency. 2. Order that Shumit Banerjee and Ian James Purchas of SV Partners Insolvency (NSW) Pty Ltd, Level 7, 151 Castlereagh Street Sydney be appointed joint and several liquidators of Gym & Tonic Healthclubs Pty Limited. 3. Order that Gym & Tonic Healthclubs Pty Limited pay the costs of GoGetta Equipment Funding Pty Limited of the interlocutory process for substitution and the winding up application determined by me today. Catchwords: CORPORATIONS – winding up in insolvency – no matter of principle Legislation Cited: Corporations Act 2001 (Cth) Category: Principal judgment Parties: GoGetta Equipment Funding Pty Ltd (Applicant) Gym & Tonic Healthclubs Pty Ltd (Defendant/Respondent 1) Jacob Robert Henley (Interested Party) Hong Jie Huang (Interested Party 1 in 2016/263106) Representation: Counsel: GoGetta – Mr PR Gaffney Gym & Tonic – No appearance Hong Jie Huang (Interested Party) – Mr MJ Dawson

Solicitors: GoGetta – RBG Lawyers Jacob Robert Henley (Interested Party) – Mr GW Prichard of Prichard Lawyers Gym & Tonic (2016/361435) – Ms Hillman Hong Jie Huang (Interested Party) – Moissin Lawyers File Number(s): 2016/263106