In the matter of Atlas Construction Group Pty Ltd (in liquidation) – Fitz Jersey Pty Limited v Fraser [2018] NSWSC 1189

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Atlas Construction Group Pty Ltd (in liquidation) – Fitz Jersey Pty Limited v Fraser [2018] NSWSC 1189 Hearing dates: 25 July 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to s 500(2) of the Corporations Act 2001 (Cth), grant leave to the plaintiff to commence and continue with these proceedings. 2. Order that the first and second defendants be removed as liquidators of Atlas Construction Group Pty Limited (in liquidation) and that Mr Bruce Gleeson be appointed as liquidator of the said company in their stead. Catchwords: CORPORATIONS – Winding up – Liquidators – Replacement Legislation Cited: Australian Consumer Law, ss 18, 236 Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14, 17, 20, 22, 24, 25, 32Corporations Act 2001 (Cth), ss 254T, 436A, 436E, 439A, 477, 499, 500, 502, 503, Schedule 2 Insolvency Practice Schedule (Corporations) (Cth), s 90-15 Cases Cited: Advance Housing Pty Ltd (in liq) v Newcastle Classic Developments Pty Ltd (1994) 14 ACSR 230 Atlas Construction Group Pty Limited v Fitz Jersey Pty Limited [2017] NSWSC 72 Citrix Systems Inc v Telesystems Learning Pty Ltd (in liq) [1998] FCA 1050; 28 ACSR 529 Emerton Pty Ltd v Referral Marketing Services Pty Ltd [2009] NSWSC 738 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Limited (2017) 94 NSWLR 606 ; [2017] NSWCA 53 GDK Projects Pty Ltd v Umberto Pty Ltd (in liq) [2018] FCA 541 In the matter of 7 Steel Distribution Pty Ltd (in liq) (recs and mgrs. apptd) [2013] NSWSC 669; 31 ACLC 13-021 In the matter of 77738930144 Pty Limited (in liq) (formerly Commercial Indemnity Pty Ltd) [2017] NSWSC 452 In the matter of ACN 151 726 224 Pty Ltd (in liq) previously Ridley Capital Holdings Pty Ltd [2016] NSWSC 1801 In the matter of ACN 159 605 188 Pty Ltd (in liq) (Formerly Securimax Pty Ltd) [2018] NSWSC 356 In the matter of Ambient Advertising Pty Ltd (in liq) [2015] NSWSC 1079 In the matter of Evcorp Grains Pty Ltd (No 2) [2014] NSWSC 155 In the matter of Glengrant Civil Pty Ltd (In Liq) [2017] NSWSC 843 In the matter of Iris Diversified Property Pty Ltd (in liq) [2018] NSWSC 834 Re Club Superstores Australia Pty Ltd (In Liq) (1993) 10 ACSR 730 Redowood Pty Ltd v Goldstein Technology Pty Ltd [2004] NSWSC 317 Unifor Office Systems Aust Pty Ltd v Brewer Partnership Pty Ltd [1999] NSWSC 137; 17 ACLC 642 Category: Principal judgment Parties: Fitz Jersey Pty Limited ACN 139 909 792 (Plaintiff) Shaun Fraser (First Defendant) Kathy Sozou (Second Defendant) Robert Lewis Yazbek (Third Defendant) Scott Sweeney (Fourth Defendant) Atlas Construction Group (NSW) Pty Limited ACN 163 805 098 Representation: Counsel: RD Marshall SC (Plaintiff) M Izzo with J Granger (First and Second Defendants) DS Weinberger (Third, Fourth and Fifth Defendants)