In the matter of Anne Lewis Pty Ltd (in liquidation) [2018] NSWSC 1727

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Anne Lewis Pty Ltd (in liquidation) [2018] NSWSC 1727 Hearing dates: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave refused to reopen the question whether the Plaintiff should have leave to make an in specie distribution of the shares held by the company and other orders made. Catchwords: CORPORATIONS – winding up – where liquidator of company had previously sought and been granted special leave under s 488(2) of the Corporations Act 2001 (Cth) to make interim in specie distribution of surplus in the liquidation – where there has been no material change of circumstances since the original application was heard – whether there is occasion to reopen the previous judgment or the orders there made. Legislation Cited: - Companies Act 1936 (NSW) - Corporations Act 2001 (Cth) ss 124, 473, 479, 488 Cases Cited: - Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 82 - Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 - Cody v Live Board Holdings (No 2) [2017] NSWSC 308 - Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 290 - Re Anne Lewis Pty Ltd [2016] NSWSC 1860 - Re Sakr Nominees Pty Ltd [2017] NSWSC 668 - Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr [2017] NSWCA 38 Category: Procedural and other rulings Parties: Hugh Charles Thomas as liquidator of Anne Lewis Pty Ltd (in liquidation) (Plaintiff) David Grant Lewis as representative of the estate of the late Pamela Lewis (First Defendant) Peter Howarth Lewis (Second Defendant) Roger Lewis (Third Defendant) Representation: Counsel: S Golledge (Plaintiff) D Liebhold (First Defendant)