In the matter of Bromesley Pty Limited (Receiver and Manager Appointed) [2017] NSWSC 295

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bromesley Pty Limited (Receiver and Manager Appointed) [2017] NSWSC 295 Hearing dates: 21 March 2017 Date of orders: 21 March 2017 Decision date: 21 March 2017 Before: Gleeson JA Decision: (1) Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act), an order that the first defendant Bromesley Pty Limited (Receiver and Manager Appointed) (ACN 605 618 022) be wound up. (2) Pursuant to s 472(1) of the Act, an order that Graeme Beattie be appointed liquidator of the Company. (3) Second and third defendants to pay the plaintiffs' costs. (4) These orders shall be taken out forthwith. Catchwords: CORPORATIONS – external administration – whether appropriate to wind up company on the just and equitable ground – where irretrievable breakdown between directors and shareholders and the affairs of the company are deadlocked – where solvency of company doubtful – where earlier assertion that some other remedy apart from winding up available not pressed. Legislation Cited: Corporations Act 2001 (Cth), ss 459A, 461(1)(k), 462(c), 467(4), 472(1), Cases Cited: Brooker v You Run the Business Pty Ltd [2008] FCA 1752 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; (2001) 37 ACSR 672 Nassar v Innovative Precasters Group Pty Ltd [2009] NSWSC 342; (2009) 71 ACSR 343 Shenouda v Work Safe Medics Pty Ltd [2011] NSWSC 45 Category: Principal judgment Parties: Kieu Thien Hanh Dang (First Plaintiff) Jean-Dominique Huynh (Second Plaintiff) Bromseley Pty Ltd (Receiver and Manager Appointed) (ACN 605 618 022) (First Defendant) Teresa Wang (Second Defendant) Xiuying Yang (Third Defendant) Representation: Counsel: J Giles SC/ PJ Byrne (Plaintiff) A Kaylinger (Defendants)