In the matter of AMJ Transport NSW Pty Ltd (in liquidation) ACN 164 981 837 [2019] NSWSC 818

Supreme Court New South Wales

Medium Neutral Citation: In the matter of AMJ Transport NSW Pty Ltd (in liquidation) ACN 164 981 837 [2019] NSWSC 818 Hearing dates: 17, 26 June 2019 Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Order pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (Act) that Part 5.3A of that Act is to operate in relation to the defendant as if Joseph Napoli was a validly appointed director of the defendant at the time of passing the resolution appointing the plaintiffs as administrators of the defendant on 7 January 2019 pursuant to s 436A of the Act. 2. Declare that the appointment of the plaintiffs as administrators of the defendant on 7 January 2019 and as liquidators of the defendant on 1 February 2019 was not invalid by reason only of the fact that Joseph Napoli was, at all material times, an undischarged bankrupt and therefore not a validly appointed director of the Defendant. Catchwords: CORPORATIONS - application under ss 447C, 447A(1) and 1322(4) of the Corporations Act 2001 (Cth) and s 90-15 of Sch 2 to the Act - whether the plaintiffs were validly appointed as administrators and subsequently liquidators of the defendant company, in circumstances where the sole director who passed the resolution for their appointment was an undischarged bankrupt at the time of the resolution. Legislation Cited: Corporations Act 2001 (Cth) Category: Procedural and other rulings Parties: Trent Andrew Devine and Peter John Moore in their capacity as joint and several liquidators of AMJ Transport NSW Pty Ltd (in Liq) ACN 164 981 837 (Plaintiffs) AMJ Transport NSW Pty Ltd (in Liq) ACN 164 981 837 (Defendant) Representation: Counsel: L Livingstone (Plaintiffs) No appearance (Defendant)