In the matter of Go Energy Group Ltd [2019] NSWSC 558

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Go Energy Group Ltd [2019] NSWSC 558 Hearing dates: 26 April 2019 Decision date: 15 May 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Decision made that liquidator of several companies would be justified in admitting several proofs of debt. Catchwords: CORPORATIONS – winding up – application for directions that liquidator of several companies would be justified in admitting several proofs of debt – where liquidator both lodges and is required to adjudicate proofs of debt – where liquidator is in a position of conflict – where external expert engaged to assess the proofs of debt – whether directions sought should be made. Legislation Cited: - Corporations Act 2001 (Cth) ss 479(3), 511, 553, 553D, 1305, 1306 - Corporations Regulations 2001 (Cth) regs 5.6.49, 5.6.50 - Insolvency Practice Schedule (Corporations) s 90-15 - Trustee Act 1925 (NSW) ss 63, 81 Cases Cited: - Equititrust Ltd (in liq) (recs apptd) (recs and mgrs apptd) v Equititrust Ltd (in liq) (recs apptd) (recs and mgrs apptd) (No 4) [2017] FCA 1133 - Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 - Marley v Mutual Security Merchant Bank and Trust Co Ltd [1991] 3 All ER 198 - McGrath; Re HIH Insurance Ltd [2005] NSWSC 787 - Re Australian Pipeline Ltd [2006] NSWSC 1316; (2006) 60 ACSR 625 - Re Bell Group Ltd (in liq); Ex parte Woodings [2013] WASC 409; (2013) 97 ACSR 117 - Re Estate Late Chow Cho-Poon; Application for judicial advice [2013] NSWSC 844 - Re Graf Holdings Pty Ltd [1999] NSWSC 217 - Re Jay-O-Bees Pty Ltd (in liq) [2004] NSWSC 818; (2004) 50 ACSR 565 - Re Kal Assay Southern Cross Pty Ltd (in liq) (1992) 9 ACSR 245 - Re McGrath; HIH Insurance Ltd [2010] NSWSC 404; (2010) 266 ALR 642 - Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 - Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 - Walley; Re Poles & Underground Pty Ltd (admins apptd) [2017] FCA 486 - Warner (liquidator), Re Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Category: Principal judgment Parties: Paul Gerard Weston (First Plaintiff) Go Energy Group Ltd (in liq) (Second Plaintiff) GoEnergy Installations Pty Ltd (in liq) (Third Plaintiff) GoEnergy Shared Services Pty Ltd (in liq) (Fourth Plaintiff) Solco Solar Products Pty Ltd (in liq) (Fifth Plaintiff) Representation: Counsel: R D Glasson (Plaintiffs)