In the matter of All States Hire Pty Limited [2019] NSWSC 1897

Supreme Court New South Wales

Medium Neutral Citation: In the matter of All States Hire Pty Limited [2019] NSWSC 1897 Hearing dates: 27 November 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made validating appointment of liquidators under s 1322(4) of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS – winding up – application to validate appointment of liquidators – where liquidators purported to be appointed by sole director and shareholder – where sole director and shareholder at time was undischarged bankrupt – whether appointment should be validated under s 1322(4) of the Corporations Act 2001 (Cth). Legislation Cited: - Corporations Act 2001 (Cth) ss 447A, 1322, 1322(4), 1322(4)(a), 1322(6) Cases Cited: - Albarran v Pascoe [2006] NSWSC 418; (2006) 57 ACSR 451 - Re CV Constructions Pty Limited (in liq) [2019] SASC 156 - Re Postnet Australia Pty Limited [2019] NSWSC 1260 - Re Wave Capital Limited [2003] FCA 969; (2003) 47 ACSR 418 - Sheahan v Londish [2010] NSWCA 270; (2010) 80 ACSR 337 - Weinstock v Beck [2013] HCA 14; (2013) 93 ACSR 231 Category: Principal judgment Parties: Shumit Banerjee and Jason Porter in their capacity as joint and several liquidators of All States Hire Pty Limited (in liq) and Splendid Capital Investments Pty Limited (in liq) (First Plaintiff) Mohamad El Jarrar (Second Plaintiff) IMS (Aust) Pty Ltd (Third Plaintiff) All States Hire Pty Limited (in liq) (First Defendant) Splendid Capital Investments Pty Limited (in liq) (Second Defendant) Representation: Counsel: G D McDonald (Plaintiffs)