In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823

Supreme Court New South Wales

Medium Neutral Citation: In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823 Hearing dates: 6 December 2017 Decision date: 06 December 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court orders that IR Services (Qld) Pty Ltd be wound up in insolvency. Catchwords: CORPORATIONS — Winding up — Who may petition – where company insolvent without a director – whether Supreme Court has inherent jurisdiction to deal with winding up application by petitioner without standing under statute – whether order should be made for winding up of company once creditor substituted as petitioner. Legislation Cited: - Corporations Act 2001 (Cth), ss 201F(2), 459A, 459P, 462 - Supreme Court Act 1970 (NSW), s 23 Cases Cited: - Lunn v Cardiff Coal Company [2002] NSWSC 1247; (2002) 171 FLR 430; 43 ACSR 649 - Re Botar-Tatham Pty Ltd [2001] NSWSC 613; (2001) 52 NSWLR 680 - Re Kalblue Pty Ltd (1994) 12 ACLC 1057 - Re Lilibuck Pty Ltd [2016] NSWSC 1950 - Re University of Newcastle Union Ltd [2008] NSWSC 1361 - Treadtel International Pty Ltd v Cocco [2016] NSWCA 360; (2016) 316 FLR 318; 117 ACSR 176 - Western Interstate Pty Ltd v Deputy Federal Commissioner of Taxation (1995) 13 WAR 479; 14 ACLC 216 Texts Cited: - A K Ehlers, "Inherent equitable jurisdiction and the plenary power of the Supreme Court of New South Wales to order the winding up of a company" (2010) 18 Insolv LJ 52 Category: Principal judgment Parties: Jason Murray as Executor and Trustee for the Estate of Cynthia Kathryn Marshall (First Plaintiff) Robert Maguire as Executor and Trustee for the Estate of Cynthia Kathryn Marshall (Second Plaintiff) Alpha Consulting Group (Norwest) Pty Limited (Third Plaintiff) IR Services (Qld) Pty Ltd (Defendant) Representation: Counsel: M Rosenblatt (Solicitor) (Plaintiffs)