In the matter of Melvin Pty Limited [2018] NSWSC 2027

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Melvin Pty Limited [2018] NSWSC 2027 Hearing dates: 3 December 2018 Decision date: 03 December 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Direction given that the liquidator is justified in paying a dividend to creditors in accordance with the notice of intention to declare a dividend lodged on 4 October 2018 without regard to any possible debt owed by the Company to Multiplex Australasia or Multiplex Constructions, for which no proof of debt was lodged in the time specified in the notice. Catchwords: CORPORATIONS – winding up – application for direction that liquidator is justified in paying a dividend to creditors in accordance with a notice of intention to declare a dividend to creditors – where liquidator has lodged notice of intention to declare a dividend to creditors – where creditor has indicated that it reserves its rights to bring a future claim but has not lodged formal proof of debt by date specified in notice – whether direction sought is of advantage to the liquidation. Legislation Cited: - Corporations Act 2001 (Cth) s 511 - Corporations Regulations 2001 (Cth) regs 5.6.65, 5.6.67, 5.6.68 - Insolvency Practice Schedule (Corporations) ss 90-15, 90-20 Cases Cited: - Derwinto Pty Ltd (in liq) v Lewis [2002] NSWSC 731 - Re Ion Ltd (Subject to Deed of Company Arrangement) [2011] FCA 1513 - Re MF Global Australia Ltd (in liq) [2012] NSWSC 994; (2012) 267 FLR 27 Category: Principal judgment Parties: Michael John Morris Smith in his capacity as liquidator of Melvin Pty Limited (in liquidation) (Plaintiff) Representation: Counsel: D Krochmalik (Plaintiff)