In the matter of Neil Robert Cussen as liquidator Total Hoarding Supplies Pty Ltd (in liquidation) [2019] NSWSC 887

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Neil Robert Cussen as liquidator Total Hoarding Supplies Pty Ltd (in liquidation) [2019] NSWSC 887 Hearing dates: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made approving entry into Deed of Funding and Indemnity and solicitors' retainer agreement nunc pro tunc; and compromise of a debt. Catchwords: CORPORATIONS – winding up – liquidators – application for approval of a deed of funding and indemnity nunc pro tunc under s 477(2B) of the Corporations Act 2001 (Cth).

CORPORATIONS – winding up – liquidators – application for approval of compromise of debt under s 477(2A) of the Corporations Act 2001 (Cth) – where settlement will not generate any or any substantial further return to creditors – where largest creditor favours compromise. Legislation Cited: - Corporations Act 2001 (Cth) ss 477(2A), 477(2B) - Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: - Hall v Poolman [2009] NSWCA 64; (2009) 71 ACSR 139 - Re Bell Group Ltd (in liq); Ex parte Antony Leslie John Woodings as liquidator of the Bell Group Ltd (in liq) [2013] WASC 409; (2013) 97 ACSR 117 - Re Blue Mountains Helicopters Pty Ltd (in liq) [2013] NSWSC 1630 - Re HIH Insurance Ltd [2004] NSWSC 3 - Re Idoport Pty Ltd (in liq) [2015] NSWSC 1423 - Rinehart v Welker [2011] NSWCA 345 Category: Procedural and other rulings Parties: Neil Robert Cussen as liquidator of Total Hoarding Supplies Pty Ltd (in liquidation) (First Plaintiff) Total Hoarding Supplies Pty Ltd (in liquidation) (Second Plaintiff) Total Hoardings Pty Limited (First Defendant) Integrated Growth Solutions Pty Ltd (Second Defendant) Grace Christine Kunz (Third Defendant) Andre Kunz (Fourth Defendant) Representation: Counsel: P G Sharp (Plaintiffs) G D McDonald (Defendants)