NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Wise & Young Pty Ltd; In the matter of Wyse Partners Pty Ltd; In the matter of Wolgan Consulting Pty Ltd; In the matter of Defined Property Group Pty Ltd [2019] NSWSC 1092 Hearing dates: 30 July 2019 Date of orders: 30 July 2019 Decision date: 01 August 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Adjournment for the purpose of leading expert solvency evidence granted to the defendants. The hearing to continue today and the matter to stand over part-heard to 15 August 2019. Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Of winding up proceedings — Short adjournment sought to lead solvency evidence — Proceedings recently brought — Hearing time not wasted — Application granted. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 66 Corporations Act 2001 (Cth), Part 5.4, s 459R Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Cohen v McWilliam (1995) 38 NSWLR 478; (1995) 128 FLR 263 David Grant & Co Pty ltd (receiver appointed) v Westpac Banking Corporation (1995) 184 CLR 265; [1995] HCA 43 Hamod v New South Wales [2011] NSWCA 375 Kerr v American Express Australia Ltd [2009] FCA 1219 Lennox v Amcor Ltd trading as Amcor Cartonboard (No 2) [2009] FCA 962 Menzies v Paccar Financial Pty Ltd (No 4) (2014) 101 ACSR 25; [2014] NSWCA 210 Singh v Deputy Commissioner of Taxation [2011] FCA 889 Switz Pty Limited v Glowbind Pty Limited (2000) 48 NSWLR 661; [2000] NSWCA 37 Thornberry v The Queen (1995) 69 ALJR 777 Category: Procedural and other rulings Parties: In each proceeding: Commissioner of Fines Administration (Plaintiff)
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