In the matter of 1st Fleet Pty Ltd (in liquidation) [2019] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: In the matter of 1st Fleet Pty Ltd (in liquidation) [2019] NSWSC 6 Hearing dates: 12 December 2018 Decision date: 16 January 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of the information or documents sought in paragraph 1(c) but not paragraph 1(a) of the Originating Process. Catchwords: CORPORATIONS – request under ss 70-45 and 70-55 of the Insolvency Practice Schedule (Corporations) for provision of specified information and documents – whether orders should be made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of the information or documents sought. Legislation Cited: - Corporations Act 2001 (Cth) ss 486, 504, 548, 549Q, 556 - Fair Entitlements Guarantee Act 2012 (Cth) - Insolvency Practice Rules (Corporations) ss 70-15, 70-55 - Insolvency Practice Schedule (Corporations) ss 70-45, 70-55, 70-90, 90-15 - Vexatious Proceedings Act 2008 (NSW) s 6 Cases Cited: - Lowden v Elliott Harvey Securities Ltd (No 2) [2016] FCA 740 - Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1222; (2009) 76 ACSR 26 - Re MHM Australasia Pty Ltd (in liq) [2018] NSWSC 739 Category: Principal judgment Parties: Commonwealth of Australia (Plaintiff) Riad Tayeh in his capacity as joint and several liquidator of the companies named as the Third to Tenth Defendants (First Defendant) David Solomons in his capacity as joint and several liquidators of the companies named as the Third to Tenth Defendants (Second Defendant) 1st Fleet Pty Ltd (in liq) (Third Defendant) 1st Fleet Logistics Pty Ltd (in liq) (Fourth Defendant) 1st Fleet (Steel) Pty Ltd (in liq) (Fifth Defendant) 1st Fleet (Foods) Pty Ltd (in liq) (Sixth Defendant) National Truck Kleen Pty Ltd (in liq) (Seventh Defendant) 1st Fleet (Milk) Pty Ltd (in liq) (Eighth Defendant) 1st Fleet (Merchandising) Pty Ltd (in liq) (Ninth Defendant) Incorporation of Transport Payroll Services Pty Ltd (in liq) (Tenth Defendant) Representation: Counsel: V Kerr/B Ng (Plaintiffs) GES Ng (Defendants)