In the matter of SFL/PILTECH (EA) Pty Ltd [2018] NSWSC 637

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SFL/PILTECH (EA) Pty Ltd [2018] NSWSC 637 Hearing dates: Wednesday, 21 February 2018 Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: (1) The application of the defendant SFL/Piletech (EA) Pty Ltd for an adjournment under Corporations Act s 440A is dismissed.

(2) The defendant company SFL/Piletech (EA) Pty Ltd be wound up in insolvency and Michael Jones of Jones Partners be appointed liquidator of the defendant.

(3) The plaintiff's costs of the adjournment application be costs in the winding up. Catchwords: CORPORATIONS – external administration – voluntary administration – second meeting –application to adjourn hearing of winding up application where company is in administration – whether the Court is satisfied that it is in the interests of the company's creditors for the company to continue under administration rather than be wound up – held, adjournment refused and company wound up. Legislation Cited: (CTH) Corporations Act 2001, ss 440A, 436A, 439A, 571. Cases Cited: Creevey v Deputy Commissioner of Taxation (1996) 19 ACSR 456 Re Laguna Australia Airport Pty Ltd [2013] FCA 1271 Re Offshore & Ocean Engineering Pty Ltd [2012] NSWSC 1296 Weriton Finance Pty Ltd v PNR Pty Ltd [2012] NSWSC 1402; (2012) 92 ACSR 88 Category: Principal judgment Parties: Boral Construction Materials Group Ltd (ACN 000 028 080 (Plaintiff) SFL/PILTECH (EA) Pty Ltd (ACN 069 670 417) (Defendant) Representation: Counsel: D Krochmalik (Plaintiff) M L Rose (Defendant)