In the matter of Plutus Payroll Australia Pty Limited (in liquidation) [2018] NSWSC 1092

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plutus Payroll Australia Pty Limited (in liquidation) [2018] NSWSC 1092 Hearing dates: 4 June 2018 Decision date: 04 June 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Approval for provisional liquidators' remuneration is granted under s 473(2) of the Corporations Act 2001 (Cth). Approval for provisional liquidators to enter deed of indemnity granted nunc pro tunc under s 477(2B) of the Corporations Act. Catchwords: CORPORATIONS – application for approval of remuneration under s 473(2) of the Corporations Act 2001 (Cth) – where remuneration claimed is substantial – where provisional liquidation involves multiple companies and investigative complexities – whether remuneration claimed by provisional liquidators is reasonable and proportionate to the complexities of the matter.

CORPORATIONS – application for approval for provisional liquidators to enter deed of indemnity nunc pro tunc under s 477(2B) of the Corporations Act – where entry into the deed of indemnity will not delay completion of the provisional liquidation – where creditors' interests are promoted by entry into the deed of indemnity – whether entry into deed of indemnity should be approved nunc pro tunc. Legislation Cited: - Corporations Act 2001 (Cth) ss 473, 477 - Insolvency Law Reform Act 2016 (Cth) Cases Cited: - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 - Re 7 Steel Distribution Pty Ltd (in liq) (recs and mgrs apptd) [2013] NSWSC 669 - Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38; (2017) 118 ACSR 333 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Plutus Payroll Australia Pty Limited (in liquidation) First Defendant) PPA Contractors Australia Pty Ltd (in liquidation) (Second Defendant) PPA Services Australia Pty Ltd (in liquidation) Third Defendant) PP AUS Holdings Pty Ltd (in liquidation) (Fourth Defendant) PP Australia NSW Pty Ltd (in liquidation) (Fifth Defendant) PP Services (WA) Pty Ltd (in liquidation) (Sixth Defendant) PPA (SA) Pty Ltd (in liquidation) (Seventh Defendant) PPA NT Pty Ltd (in liquidation) (Eighth Defendant) RAM Enterprises Australia Pty Ltd (in liquidation) Ninth Defendant) SAI Solutions Australia Pty Ltd (in liquidation) Tenth Defendant) Synep Pty Limited (Eleventh Defendant) BRW Services Pty Limited (in liquidation) (Twelfth Defendant) Representation: Counsel: J Hynes (Plaintiff)