In the matter of Glen Elgin Retreat Pty Limited [2019] NSWSC 1395

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Glen Elgin Retreat Pty Limited [2019] NSWSC 1395 Hearing dates: 14 October 2019 Date of orders: 14 October 2019 Decision date: 14 October 2019 Before: Gleeson J Decision: (1) Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act), order that the first defendant, Glen Elgin Retreat Pty Ltd (ACN 134 462 516) (the Company) be wound up.

(2) Pursuant to s 472(1) of the Act order that Andrew Barnden be appointed liquidator of the company.

(3) Pursuant to s 467(3)(b) of the Act the requirements in s 465A(a) and (c) of the Act to lodge notification of the application with ASIC and to advertise or publish notification of the application be dispensed with.

(4) The second defendant to pay the plaintiff's costs of the proceedings.

(5) The originating process filed 6 September 2019 be otherwise dismissed.

(6) These orders be carried out forthwith. Catchwords: CORPORATIONS – whether appropriate to wind up on just and equitable ground – where irretrievable breakdown between directors and shareholders of company and affairs of company are deadlocked – where solvency of company is doubtful – appointment of independent liquidator Legislation Cited: Corporations Act 2001 (Cth), ss 233, 461(1)(k), 462(2)(c), 465A(a), 467(3)(b), 472(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 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 Aspirion Group Pty Ltd [2014] NSWSC 39 Kozlowski v JSB Developments Pty Ltd [2010] NSWSC 1022 Nassar v Innovative Precasters Group Pty Ltd [2009] NSWSC 342; (2009) 71 ACSR 343 Shenouda v Work Safe Medics Pty Ltd [2011] NSWSC 45 Category: Principal judgment Parties: Robin Ramsay (Plaintiff) Glen Elgin Retreat Pty Limited (First Defendant) Michael Murphy (Second Defendant) Representation: Counsel: Mr G Campbell (Plaintiff) No appearance (First Defendant) No appearance (Second Defendant)