In the matter of Spacespan Australia Pty Limited [2016] NSWSC 1956

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Spacespan Australia Pty Limited [2016] NSWSC 1956 Hearing dates: Monday, 16 May 2016 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Liquidator would be justified in distributing surplus proceeds in liquidation in accordance with order 1.3(1) in the Family Court proceedings. Notice of application for special leave to determine surplus to be published in daily newspaper circulating generally in State or Territory where company had last known place of business. Proceedings adjourned to 20 June 2016. Catchwords: CORPORATIONS – winding up – liquidators – application for directions – where Family Court orders provided for entitlements as between shareholders – where effect also be given to Family Court order consistent with liquidator's obligations Legislation Cited: (CTH) Corporations Act 2001, s 485(2) (CTH) Corporations Regulation 2001, reg 5.6.72 (CTH) Family Law Act 1975, s 79 Cases Cited: Re Klaus Maertin Pty Limited (2009) 618, 232 FLR 239 Visnic v Sywak [2011] NSWSC 1246, 86 ACSR 569 Category: Principal judgment Parties: Paul William Gidley as liquidator of Spacespan Australia Pty Ltd (in liquidation)(plaintiff) Barry John Mullens (first defendant) Spacespan Australia Pty Ltd (second defendant) Representation: Counsel: A D Justice (plaintiff) G D McDonald (second defendant)

Solicitors: Brazel Moore Lawyers (plaintiff) O'Hearn Lawyers (second defendant) File Number(s): 2013/ 20030