In the matter of Bluemine Pty Ltd (in liq) [2019] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bluemine Pty Ltd (in liq) [2019] NSWSC 1474 Hearing dates: 22 October 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Release Applicants from implied undertaking to permit their undertaking specified actions. The Notice of Motion filed 20 September 2019 otherwise be dismissed. The Applicants and Eleventh Defendant pay the costs of and incidental to the application, as agreed or as assessed. Catchwords: CIVIL PROCEDURE – implied undertakings – release – where documents the subject of release from implied undertaking are limited to use in settlement discussions with Commissioner of Taxation – whether leave should be granted releasing applicants from the implied undertaking.

CORPORATIONS – winding up – liquidators – application for appointment of special purpose liquidators – where special purpose liquidators to be appointed for sole purpose of lodging objection under Pt IVC of Taxation Administration Act 1953 (Cth) – where no merits assessment as to whether objection should be lodged to be made by special purpose liquidators – where funding inadequate for proper merits assessment – whether special purpose liquidators should be appointed. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 56 - Corporations Act 2001 (Cth) ss - Evidence Act 1995 (NSW) s 135 - Insolvency Practice Schedule (Corporations) s 90-15 - Taxation Administration Act 1953 (Cth) Pt IVC Cases Cited: - Allsene Pty Ltd v Federal Commissioner of Taxation (1989) 20 ATR 1688 - GDK Products Pty Ltd, Re Ray Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 - Gusdote Pty Ltd (admin apptd) v North Queensland Land Development Pty Ltd (in liq) (No 4) [2012] FCA 759 - Harman v Secretary of State for the Home Department [1983] 1 AC 280 - Hearne v Street (2008) 235 CLR 125 - Lo v Nielsen and Moller Autoglass (NSW) Pty Ltd [2008] NSWSC 407 - Melhelm Pty Ltd v Boka Beverages Pty Ltd (in liq) [2019] FCA 1184 - Morony v Reschke [2017] NSWSC 544 - Re Ambient Advertising Pty Ltd (in liq) [2015] NSWSC 1079 - Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Category: Procedural and other rulings Parties: Mitchell Warren Ball in his capacity as Liquidator of Bluemine Pty Limited (in liq) (1st Plaintiff/ Respondent) Bluemine Pty Limited (in liq) (2nd Plaintiff/ Respondent) LAM Haulage Pty Ltd (3rd Defendant/Applicant) MAL Land Group Pty Ltd (4th Defendant/Applicant) The Great Brothers Pty Ltd (5th Defendant/Applicant) Andre Abou-Antoun (20th Defendant/Applicant) Michael Abou-Antoun (21st Defendant/Applicant) AKA (NSW) Pty Ltd (23rd Defendant/Applicant) AKA (Civil) Australia Pty Ltd (24th Defendant/Applicant) Gino Cassaniti (11th Defendant) Representation: Counsel: I D Faulkner SC/S/v Shepherd (Plaintiffs/Respondents) R L Seiden SC/R Johnson (3rd, 4th, 5th, 20th, 21st, 23rd, 24th Defendants/Applicants) S Golledge SC/I S Young (11th Defendant)