Yelena Primavera v Tanya Bakos & Anor [2018] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: Yelena Primavera v Tanya Bakos & Anor [2018] NSWSC 142 Hearing dates: 7 February 2018 Decision date: 07 February 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Plaintiff is granted leave to proceed under s 471B of the Corporations Act 2001 (Cth) in relation to the property of Best In Pressure Care Pty Ltd (In Liq) ("BIPC"). The former liquidator of BIPC nunc pro tunc, is granted leave to enter into the Deed of Settlement and Assignment Agreement dated March 2014 on behalf of BIPC, pursuant to s 477(2B) of the Corporations Act 2001. Catchwords: CORPORATIONS - Winding up - Application for approval for entry into deed of settlement and assignment - Whether leave under s 477(2B) of the Corporations Act is required in respect of a deed of settlement and assignment - Whether a party to a deed of settlement and assignment other than the liquidator is entitled to seek leave under s 477(2B) of the Act. Legislation Cited: - Conveyancing Act 1919 (NSW) s 12 - Corporations Act 2001 (Cth) ss 471B, 477 Cases Cited: - Chand v Azurra Pty Ltd (In Liq) [2011] NSWCA 58 Najjar v Alfayhaa Cheese Pty Ltd (In Liq) [2011] NSWSC 791 - Re 77738930144 Pty Limited (in liq) (formerly Commercial Indemnity Pty Limited) [2017] NSWSC 452 - Re AT Air Group Ltd [2012] NSWSC 1508 - Re Gerard Cassegrain and Co Pty Limited (in liq) [2014] NSWSC 1292 - Re FAI Film Distribution Pty Ltd [2014] NSWSC 1904 - Re HIH Insurance Ltd [2004] NSWSC 5 - Re McGrath (in their capacity as liquidators of HIH Insurance Ltd) [2010] NSWSC 404; (2010) 78 ACSR 405 - Venetian Nominees Pty Ltd v Conlan (1999) 17 ACLC 301 - Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 Category: Procedural and other rulings Parties: Yelena Primavera (Plaintiff) Tanya Bakos (First Defendant) Andrew Hugh Jenner Wily in his capacity as liquidator of Best in Pressure Care Pty Ltd (in liq) (Second Defendant) Simon Cathro (Respondent to Notice of Motion filed 20 September 2017) Representation: Counsel: L Gor (Plaintiff) H Grace (First Defendant)