In the matter of Plutus Payroll Australia Pty Limited (in liquidation) [2019] NSWSC 1171

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plutus Payroll Australia Pty Limited (in liquidation) [2019] NSWSC 1171 Hearing dates: 9 July 2019; 27 August 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Direct that the Liquidators would be justified in determining that claims in the liquidations of the Companies submitted by Workers are not claims by employees of the Companies if the specified criteria are satisfied. Orders as to notice made and the costs of the application be costs in the winding up. Catchwords: CORPORATIONS – winding up – application for directions that liquidators are justified in determining claims of individuals claiming to be employees – where agreement evinces intention to exclude employment relationship – where other persons exercised practical control of activities of workers – whether workers were employees of companies – whether directions sought should be made. Legislation Cited: - Corporations Act 2001 (Cth) ss 9, 479(3), 511, 555, 556, 556(1)(e), 556(2), 579E, 579G(1); Sch 2, s 90-15 - Insolvency Law Reform Act 2016 (Cth) - Trustee Act 1925 (NSW) s 63 Cases Cited: - ACE Insurance Ltd v Trifunovski [2013] FCAFC 3 - Austin v Honeywell Ltd [2013] FCCA 662; (2013) 277 FLR 372 - Australian Insurance Employees Union v WP Insurance Services Pty Ltd (1982) 42 ALR 598 - Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] FCAFC 37; (2015) 228 FCR 346 - Gothard Re AFG Pty Ltd (recs and mgrs apptd) (in liq) v Davey [2010] FCA 1163; (2010) 80 ACSR 56 - Jones (Liquidator) v Matrix Partners Pty Ltd; Re Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40; (2018) 354 ALR 436 - On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) (2011) 279 ALR 341 - Performing Right Society Ltd v Mitchell & Booker (Palais de Danse) Ltd [1924] 1 KB 762 - Re Broens Pty Ltd (in liq) [2018] NSWSC 1747 - Re C&T Grinter Transport Services Pty Ltd (in liq) [2004] FCA 1148 - Re Go Energy Group Ltd [2019] NSWSC 558 - Re ICS Real Estate Pty Ltd (in liq) [2014] NSWSC 479 - Re Independent Contractor Services (Aust) Pty Ltd (in liq) (No 2) [2016] NSWSC 106 - Re Magic Aust Pty Ltd (in liq) (1992) 7 ACSR 742 - Re Plutus Payroll Australia Pty Limited [2017] NSWSC 1041 - Re Plutus Payroll Pty Limited [2017] NSWSC 1360 - Re Porter; Re Transport Workers Union of Australia (1989) 34 IR 179 - Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 - Textile Footwear and Clothing Union of Australia v Bellechic Pty Ltd [1998] FCA 1465 - Walley; Re Poles & Underground Pty Ltd (admins apptd) [2017] FCA 486 - Warner (liquidator), Re Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Category: Procedural and other rulings Parties: Deputy Commissioner of Taxation (Plaintiff) Timothy Norman and Salvatore Algeri as the joint and several liquidators of the First-Tenth and Twelfth Defendants (Applicants) Plutus Payroll Australia Pty Limited (in liq) (First Defendant) PPA Contractors Australia Pty Ltd (in liq) (Second Defendant) PPA Services Australia Pty Ltd (in liq) (Third Defendant) PP AUS Holdings Pty Ltd (in liq) (Fourth Defendant) PP Australia NSW Pty Ltd (in liq) (Fifth Defendant) PP Services (WA) Pty Ltd (in liq) (Sixth Defendant) PPA (SA) Pty Ltd (in liq) (Seventh Defendant) PPA NT Pty Ltd (in liq) (Eighth Defendant) RAM Enterprises Australia Pty Ltd (in liq) (Ninth Defendant) SAI Solutions Australia Pty Ltd (in liq) (Tenth Defendant) Synep Pty Ltd (Eleventh Defendant) BRW Services Pty Ltd (in liq) (Twelfth Defendant) Representation: Counsel: C T Ensor / W Vuong (9.7.19) (Solicitor) (Plaintiff) J Hynes (Applicants)