In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1806

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bluemine Pty Limited (in liq) [2019] NSWSC 1806 Hearing dates: 18 June 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made validating appointment of liquidator under s 1322(4) of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS – winding up – application to validate appointment of liquidator – where liquidator purported to be appointed by special resolution of members – where question as to whether a person was a member – where company has been in liquidation for a significant period of time – whether appointment should be validated under s 1322(4) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 128, 128(1), 129, 129(1), 129(2), 511, 1322, 1322(4), 1322(4)(a), 1322(6), 1322(6)(c) Cases Cited: - Correa v Whittingham (No 3) [2012] NSWSC 526; (2012) 267 FLR 120 - Correa v Whittingham [2013] NSWCA 263 - Re ACN 605 810 928 Pty Limited (in liq) (formerly Sydney Outboard Centre Pty Limited) [2018] NSWSC 2026 - Re Black Bear Trading Pty Ltd (in liq) (Unreported, Supreme Court of New South Wales, Rees J, 16 April 2019) - Sliteris v Ljubic [2014] NSWSC 1632 - Weinstock v Beck [2013] HCA 14; (2013) 297 ALR 1 Category: Procedural and other rulings Parties: Mitchell Warren Ball in his capacity as liquidator of Bluemine Pty Limited (in liq) (First Plaintiff) Bluemine Pty Limited (in liq) (Second Plaintiff) Gino Cassaniti (Eleventh Defendant) Discobell Pty Ltd (Thirty-Fourth Defendant) Ivana Cassaniti (Thirty-Fifth Defendant) Representation: Counsel: I D Faulkner SC/S V Shepherd (First and Second Plaintiffs) R D Marshall SC/J C Lee (Eleventh, Thirty-Fourth and Thirty-Fifth Defendants)