In the matter of Equititrust Limited (in liquidation) (Receiver Appointed) (Receivers & Managers Appointed) [2016] NSWSC 1936

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Equititrust Limited (in liquidation) (Receiver Appointed) (Receivers & Managers Appointed) [2016] NSWSC 1936 Hearing dates: 10 and 12 October 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Approves plaintiffs entering into the Haney Settlement Deed. The publication and disclosure of certain documents be placed in a sealed envelope and marked accordingly. Order applies throughout the Commonwealth of Australia, and until a date 90 days after final orders are made disposing of proceedings in the Federal Court. Costs. Catchwords: CORPORATIONS – winding up – liquidators – settlement deed between liquidators and director – where provisions in deed could be discharged by performance in more than three months after execution of deed – Court's approval under Corporations Act, s 477(2B) – impact of deed on duration of liquidation – whether reasonable in all circumstances in interests of administration Legislation Cited: (CTH) Corporations Act 2001, s 477(2A), s 477(2A), s 511 (NSW) Court Suppression and Non-publication Orders Act 2010, s 7 Cases Cited: Re One.Tel Ltd (1999) ACSR 247; Re Octavia Ltd (2015) NSWSC 1621 Category: Procedural and other rulings Parties: Blair Alexander Pleash (first plaintiff) Richard Albarum (second plaintiff) Equititrust Limited (in liquidation)(ReceiverAppointed)(Receivers & Managers Appointed)(third plaintiff) Representation: Counsel: C Withers (plaintiffs)