In the matter of Australian Worldwide Pty Ltd [2017] NSWSC 1641

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Australian Worldwide Pty Ltd [2017] NSWSC 1641 Hearing dates: 31 July 2017 Date of orders: 31 July 2017 Decision date: 31 July 2017 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Question whether company insolvent from 14 August 2013 answered in the affirmative Catchwords: CORPORATIONS – winding up – unfair preferences – determination of separate question of insolvency – where no opposition from active defendants – where expert concludes that company is insolvent – where conclusion is amply justified by the evidence – held, the question whether the company was insolvent from relevant date is answered in the affirmative. Legislation Cited: (CTH) Corporations Act 2001, s 588FA (NSW) Uniform Civil Procedure Rules 2005, r 28.2 Category: Procedural and other rulings Parties: Christopher John Palmer (liquidator) (first plaintiff) Australian Worldwide Pty Ltd (second plaintiff) Radiance International Pty Ltd (first defendant) Gadens Melbourne (tenth defendant) Heard Marketing Pty Ltd (eleventh defendant) Kemp Strang Lawyers Pty Ltd (twelfth defendant) The Loft Group Pty Ltd (thirteenth defendant) Stafford Lardiner Holdings Pty Ltd (fourteenth defendant) Logistics Managers Pty Ltd (sixteenth defendant) Representation: Counsel: M Pesman SC (plaintiffs)

Solicitors: ERA Legal (plaintiffs) Dormer Stanhope (first defendant) Gadens (tenth defendant) Reuben George Lawyers (eleventh defendant) Kemp Strang Lawyers (twelfth defendant) Nicholas Weston (thirteenth defendant) File Number(s): 2017/18006