In the matter of South Head & District Synagogue (Sydney) (in liq) (controllers appointed) [2019] NSWSC 1522

Supreme Court New South Wales

Medium Neutral Citation: In the matter of South Head & District Synagogue (Sydney) (in liq) (controllers appointed) [2019] NSWSC 1522 Hearing dates: 6 May 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted appointing liquidators as administrators. Orders made dispensing with need to convene initial meeting of creditors and abridging time for convening second meeting of creditors. Orders made dispensing with requirement for notice of meeting of employee creditors and for convening meeting of employee creditors. Catchwords: CORPORATIONS – winding up – appointment of liquidators as administrators – where liquidators seek leave to appoint themselves administrators – where matters to be addressed to implement deed of company arrangement proposal – where no conflict of interest or duty – whether leave should be granted to liquidators for their additional appointment as administrators.

CORPORATIONS – administration – application to dispense with first meeting of creditors and to abridge time for convening of second meeting of creditors – where creditors already well-informed of matters – whether such order should be made.

CORPORATIONS – administration – application to dispense with convening meeting of eligible employee creditors – where return under deed of company arrangement proposal is same or better than likely outcome under a liquidation – where proposal will likely facilitate more prompt payment – where proposal maximises prospect of continued operation of organisation and employees' continued employment – whether requirement to convene meeting of eligible employee creditors should be dispensed with. Legislation Cited: - Corporations Act 2001 (Cth) Pt 5.3A; ss 436B, 436B(1), 436B(2), 436E, 439A(5)(b), 444DA, 444DA(1), 444DA(2), 444DA(3), 444DA(5), 447A, 482, 556, 560, 561 Cases Cited: - Re Cooper and Oxley Builders Pty Ltd (admins apptd) [2018] WASC 161 - Re Dungowan Manly Pty Ltd (in liq) [2018] NSWSC 1083 - Re TLC Marketing Worldwide Pty Ltd (subject to a deed of company arrangement) [2018] NSWSC 454 Category: Principal judgment Parties: Anthony Wayne Elkerton and Ronald John Dean-Willcocks in their capacity as joint liquidators of South Head & District Synagogue (Sydney) (in liq) (controllers appointed) (Plaintiff) Rabbi Benzion Milecki (Supporting Party) Representation: Counsel: J Baird (Plaintiff) R Tassell (Solicitor ) (Supporting Party)