In the matter of Dan Phillips Holdings Pty Ltd & Anor [2017] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dan Phillips Holdings Pty Ltd & Anor [2017] NSWSC 954 Hearing dates: 3 April 2017 Decision date: 03 April 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that the Defendants be wound up and makes a gross sum costs order in favour of the Plaintiff. Catchwords: CORPORATIONS — Winding up — Practice and procedure – Application to adjourn winding up application under Corporations Act 2001 (Cth) s 440A(2) – where administrators recently appointed – where concerns exist as to circumstances of administrators' appointment and identity of directors – whether administration, rather than winding up, in creditors' interests

CORPORATIONS — Winding up — Application to wind up Defendants on grounds of insolvency – where presumption of insolvency arises from unpaid statutory demands – where no evidence of solvency led Legislation Cited: - Corporations Act 2001 (Cth), Pt 5.3A, ss 440A - Insolvency Law Reform Act 2016 (Cth) - Supreme Court (Corporations) Rules 1999 (NSW) Cases Cited: - Deputy Commissioner of Taxation v Bradley Keeling Management Pty Limited [2003] NSWSC 47; (2003) 44 ACSR 377 - Gorst Rural Supplies Pty Limited v Glenroy (Lake Bolac) Pty Limited [2012] VSC 60 - Offshore and Ocean Engineering Pty Limited v Greenwich Contractors Pty Limited [2012] NSWCA 371 - Re Bobos Engineering Australia Pty Limited [2015] NSWSC 2027 - Re Denham Constructions Pty Limited [2016] NSWSC 1426 - Re El Zorro Transport Pty Limited [2013] NSWSC 1082 - Re Offshore and Ocean Engineering Pty Limited [2012] NSWSC 1296 - Re Reed Constructions Australia Pty Limited [2012] NSWSC 1045 Category: Principal judgment Parties: Interleasing (Australia) Limited (Plaintiff) Dan Phillips Holdings Pty Ltd (First Defendant) Biglift Cranes & Heavy Haulage Pty Ltd (Second Defendant) Representation: Counsel: E Beechey (Plaintiff) B Horne (Solicitor – Defendants)