In the matter of Cartwright Transport Pty Ltd [2019] NSWSC 1367

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Cartwright Transport Pty Ltd [2019] NSWSC 1367 Hearing dates: 8 October 2019 Date of orders: 08 October 2019 Decision date: 08 October 2019 Before: Gleeson J Decision: 1. Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) ("Act") Cartwright Transport Pty Ltd ACN 616 830 114 ("Company") be wound up. 2. Pursuant to s 472(1) of the Act, Barry Kogan and Katherine Sozou are appointed as liquidators of the company. 3. Pursuant to s 472(6) of the Act, declare that anything that is required or authorised by the Act to be done by the liquidator of the company may be done by any one of the liquidators. 4. Pursuant to s 467(3)(b) of the Act, the requirement to advertise or publish notice of the application under s 465A and to lodge notice of the application under s 470(1)(a) be dispensed with. 5. These orders are to be entered forthwith. Catchwords: CORPORATIONS – application for winding up – whether appropriate to wind up company on the just and equitable ground – where irretrievable breakdown between directors and shareholders of the company and affairs of company are deadlocked – where absence of company directors residing in Australia – where solvency of company is doubtful Legislation Cited: Corporations Act 2001 (Cth), ss 201A, 461, 462, 465, 467, 470, 472 Cases Cited: Brooker v You Run the Business Pty Ltd [2008] FCA 1752 Carter v New Tel Ltd (in liq) (2003) 44 ACSR 661 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd [2001] NSWCA 97; (2001) 37 ACSR 672 In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 883 Nassar v Innovative Precasters Group Pty Ltd [2009] NSWSC 342; (2009) 71 ACSR 343 Re T & L Trading (Aust) Pty Ltd (1986) 10 ACLR 388 Shenouda v Work Safe Medics Pty Ltd [2011] NSWSC 45 Category: Principal judgment Parties: Cartwright Holdings Limited (plaintiff) Cartwright Transport Pty Ltd ACN 616830114 (first defendant) Fugace Pty Ltd (second defendant) Representation: Counsel: Mr M Karam (plaintiff) Mr A Benetatos (sol) (second defendant)