In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1041 Hearing dates: 8 June 2017 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Provisional liquidators appointed Catchwords: CORPORATIONS – winding up – liquidators – interpretation of Corporations Act, s 440A and s 440D – where Deputy Commissioner of Taxation seeks appointment of provisional liquidator pending winding up hearing – where case for winding up is strongly arguable – where respondent appears to have large unpaid taxation liabilities – where some prospect that respondent companies may dissipate assets – held, provisional liquidators appointed. Legislation Cited: (CTH) Corporations Act 2001, s 436A, s 440A s 440D, s 472 Cases Cited: Australian Prudential Regulation Authority v Rural and General Insurance Limited [2004] FCA 185; [2004] 136 FCR 149; 48 ACSR 616 Corey v Registrar of the Federal Court of Australia [2010] FCA 1215 Deputy Commissioner of Taxation v A & S Services Australia Pty Limited [2017] FCA 437 Evans and Mullumbimby News Pty Limited [2008] NSWSC 240 Hall v Mercury Information Technology (South Australia) Pty Limited [2002] FCA 272; (2002) 20 ACLC 496 Offshore and Ocean Engineering Pty Ltd v Greenwich Contractors Pty Ltd [2012] NSWCA 371 Reid Constructions Australia Pty Limited, Re [2012] NSWSC 1045 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (plaintiff) Plutus Payroll Australia Pty Limited (first defendant) PPA Contractors Australia Pty Limited (second defendant) PPA Services Australia Pty Limited (third defendant) PP Australia Holdings Pty Limited (fourth defendant) PP Australia NSW Pty Limited (fifth defendant) PP Services (WA) Pty Limited (sixth defendant) PPA (SA) Pty Limited (seventh defendant) PPA NT Pty Limited (eighth defendant) RAM Enterprises Australia Pty Limited (ninth defendant) SAI Solutions Australia Pty Limited (tenth defendant) Representation: Counsel: D A McLure SC with T O Prince (plaintiff)