In the matter of ACN 152 546 453 Pty Ltd (formerly Hemisphere Technologies Pty Ltd) (in liq) [2018] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 152 546 453 Pty Ltd (formerly Hemisphere Technologies Pty Ltd) (in liq) [2018] NSWSC 1002 Hearing dates: 21 June 2018 Decision date: 29 June 2018 Before: Gleeson JA Decision: (1) Pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations), Mr Giles Geoffrey Woodgate (Special Purpose Liquidator) is appointed as an additional liquidator of ACN 152 546 453 Pty Ltd (formerly known as Hemisphere Technologies Pty Ltd) (in liq) (the Company) for the following purposes:

(a) conducting investigations in relation to:

(i) whether any transactions between the Company and Hemisphere Technologies Australia Pty Ltd ACN 612 929 905 (Hemisphere Technologies Australia) in about 2016 were a voidable transaction within the meaning of s 588FE of the Corporations Act 2001 (Cth) (the Act);

(ii) whether any of the directors or officers of the Company breached their statutory and/or fiduciary duties owed to the Company;

(iii) whether any of the directors or officers of the Company breached s 588G of the Act,

(together, the Matters), including, if thought by him to be appropriate, by:

(iv) inspecting the books and records of the Company, excluding any files and working papers of the second defendant;

(v) conducting examinations pursuant to ss 596A and 596B of the Act or obtaining orders for production pursuant to s 597(9) of the Act; and

(vi) requiring statements to be provided pursuant to s 475(2) of the Act;

(b) commencing and pursuing any claim, including by commencing legal proceedings, that may be available to the Company or the Special Purpose Liquidator in relation to any of the Matters, including obtaining and considering legal advice in respect of any such claim;