In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 883

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 883 Hearing dates: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that First and Second Defendants be wound up, amend earlier asset preservation orders, and make ancillary orders. Catchwords: CORPORATIONS – Winding up – Application for winding up by court on the just and equitable ground – where Australian Securities and Investments Commission investigating matters being, or connected with, the affairs of the companies – where companies apparently conducting business in breach of the Corporations Act 2001 (Cth) Legislation Cited: - Corporations Act 2001 (Cth), ss 461(1)(k), 462, 464, 472(1), 911A - Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: - ASIC v ABC Fund Managers Ltd [2001] VSC 383; (2001) 39 ACSR 443 - ASIC v ActiveSuper Pty Ltd (No 2) [2013] FCA 234; (2013) 93 ACSR 189 - ASIC v CME Capital Australia Pty Limited (No 2) [2016] FCA 544 - ASIC v International Unity Insurance Pty Ltd [2004] FCA 1059; (2004) 22 ACLC 1416 - ASIC v Kingsley Brown Properties Pty Ltd [2005] VSC 506 - Galanopoulos v Moustafa [2010] VSC 380 - Re Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 467 Category: Procedural and other rulings Parties: Australian Securities and Investments Commission (Plaintiff) Courtenay House Capital Trading Group Pty Ltd (First Defendant) Courtenay House Pty Ltd (Second Defendant) Tony Iervasi aka Anthony Iervasi, Antonio Iervasi and Tony Ieruasi (Third Defendant) David Sipina (Fourth Defendant) Athan Papoulias (Fifth Defendant) Proactive Property Services Pty Ltd (Sixth Defendant) TheNowGroup.Com.Au Pty Ltd (Eighth Defendant) Representation: Counsel: D R Stack (Plaintiff) D L Cook SC (Third and Sixth Defendants) J C Giles SC (Fourth and Seventh Defendants) N F Case (Fifth and Eighth Defendants)