In the matter of Glenfyne Farms International AU Pty Ltd (in liquidation); In the matter of GI Commercial Pty Ltd [2019] NSWSC 161

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Glenfyne Farms International AU Pty Ltd (in liquidation); In the matter of GI Commercial Pty Ltd [2019] NSWSC 161 Hearing dates: 18 February 2019 Date of orders: 27 February 2019 Decision date: 27 February 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Proceedings no. 2018/357721 dismissed with costs. Directions made in proceedings no. 2018/357706 for appointment of liquidator.

Orders at [55]-[56]. Catchwords: CORPORATIONS — Winding up — Liquidators — Replacement — Resolution to replace liquidator at second meeting of creditors — Resolution not passed where majority by value in favour but majority by number against — Administrator purported to exercise casting vote — Insolvency Practice Rules (Corporations) 2016 r 75-115(5)(a) applied — Application dismissed. Legislation Cited: Corporations Act 2001 (Cth) ss 459A, 461, 472 Insolvency Practice Rules (Corporations) 2016 s 75-115 Insolvency Practice Schedule (Corporations) ss 75-41, 75-43, 90-15 Cases Cited: Ausino International Pty Ltd v Apex Sports Pty Ltd [2007] NSWSC 289 Brisconnections Management Company Ltd v Burness [2009] FCA 626; (2009) 72 ACSR 233 Global Realty Development Corp v Dominion Wines Ltd & Ors (2005) 56 ACSR 474; [2005] NSWSC 1221 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 Iris Diversified Property Pty Ltd (in liquidation) [2018] NSWSC 834 In the matter of Manband Pty Limited (in liquidation) (subject to Deed of Company Arrangement) [2018] NSWSC 1282 In the matter of Free Wesleyan Church of Tonga in Australia Inc (administrators appointed) Phoenix Lacquers & Paints Pty Limited v Free Wesleyan Church of Tonga in Australia Inc (administrators appointed) & Ors [2012] NSWSC 214 Category: Principal judgment Parties: In proceedings no. 2018/357706: