In the matter of Heavy Plant Leasing Pty Ltd (In Liquidation) (ACN 151 786 677) [2018] NSWSC 707

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Heavy Plant Leasing Pty Ltd (In Liquidation) (ACN 151 786 677) [2018] NSWSC 707 Hearing dates: 6 - 8 February 2018 Date of orders: 08 February 2018 Decision date: 08 February 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Judgment for the defendant: no reasonable grounds in the circumstances for the defendant to suspect insolvency. Catchwords: CORPORATIONS — Winding up — Recovery proceedings — Voidable transactions – where company insolvent – whether reasonable grounds for recipient to suspect insolvency – relevance of delay in payment – relevance of actual payment Legislation Cited: (CTH) Corporations Act 2001 ss 588FF, 588FG Cases Cited: Alsafe Security Products Pty Limited atf the Alsafe Trust (in liquidation) Re [2016] NSWSC 428 D'Aloia v Commissioner of Taxation of the Commonwealth of Australia [2003] FCA 1336; (2003) 48 ACSR 204 Dean-Wilcocks v Commissioner of Taxation [2008] NSWSC 1113 Ermayne; Sims v Tech Holdings Pty Limited, Re (1998) 30 ACSR 330 Mann v Sangria Pty Ltd [2001] NSWSC 172; (2001) 38 ACSR 307 Metcalf Crane Services Pty Ltd v Rathner [2001] VSC 195 Neil Robert Cussen as Liquidator of Akai Pty Ltd (in liq) v Commissioner of Taxation [2004] NSWCA 383; (2004); 51 ASCR 530 Queensland Bacon Pty Limited v Rees (1966) 115 CLR 256; [1966] HCA 21 Sandell v Porter (1966) 115 CLR 666; [1966] HCA 28 Sands & McDougall (Wholesale) Pty Limited v Commissioner of Taxation (Cth) [1999] 1 VR 489 Sparad (No 100) Ltd (formerly known as AEFC Ltd) v J B Harkness (as liquidator of Spedley Securities Ltd (In Liq)) [1997] NSWCA 290 (14 February 1997) Sydney Appliances Pty Ltd (in liq) v Eurolinx Pty Limited [2001] NSWSC 230; (2011) 37 ACSR 44 Category: Principal judgment Parties: Neil Robert Cussen and John Lethbridge Greig in their capacity as joint and several liquidations of Heavy Plant Leasing Pty Limited (in liquidation) (ACN 151 786 677) (First Plaintiff) Heavy Plant Leasing Pty Limited (in liquidation) (ACN 151 786 577) (Second Plaintiff) Christine Mancer (Defendant) Representation: Counsel: S C Ipp (Plaintiffs) G D McDonald (Defendant)