In the matter of Hilbon Transport Pty Limited [2017] NSWSC 1311

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hilbon Transport Pty Limited [2017] NSWSC 1311 Hearing dates: 4 September 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Repealed former Corporations Act, s 542 remains available in connection with winding up which had been completed prior to 1 September 2017. Direction permitting early destruction of books made. Catchwords: CORPORATIONS – external administration – winding up – winding up by the court – liquidators – retention of books – early destruction – effect of amendments introduced by Insolvency Law Reform Act – held, in the present case, repealed Corporations Act, s 542, still available. Legislation Cited: (CTH) Corporations Act 2001, s 480, s 542, s 1596, s 1617; Schedule 2, s 70-35 (CTH) Insolvency Law Reform Act 2016 Cases Cited: Arnold World Trading Pty Ltd v ACN 133 427 335 Pty Ltd (2010) 80 ACSR 670 Bianchi v Crewe & Sons Pty Ltd (1996) 22 ACSR 152 Glengrant Civil Pty Ltd (In Liq), Re [2017] NSWSC 843 London and Caledonian Marine Insurance Co, Re [1879] 11 Ch D 140 Oreb v Australian Securities and Investments Commission (No 2) [2017] FCAFC 49 Texts Cited: Keay, A, The Law of Company Liquidation (1999, 4th ed, LBC) Category: Procedural and other rulings Parties: Workers Compensation Nominal Insurer (plaintiff) Hilbon Transport Pty Ltd ACN 143 822 146 (defendant) Michael John Morris Smith as liquidator of Hilbon Transport Pty Ltd ACN 143 822 146 (in liquidation) (applicant) Hilbon Transport Pty Ltd ACN 143 822 146 (in liquidation) (respondent) Representation: Counsel: Alwyn Narayan (applicant)