In the matter of SPG Projects Pty Ltd (in liq) [2020] NSWSC 34

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SPG Projects Pty Ltd (in liq) [2020] NSWSC 34 Hearing dates: 3 February 2020 Date of orders: 05 February 2020 Decision date: 05 February 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Originating process filed 18 October 2019 be dismissed.

(2) There is no order as to costs, to the intent that each party bear its own costs. Catchwords: CORPORATIONS – where company subject to creditors' voluntary winding up – where creditor seeks court ordered winding up – where little practical difference between the forms of administration – whether benefit to the administration if court ordered winding up under s 459A of the Corporations Act 2001 (Cth) Legislation Cited: Corporations Act 2001 (Cth), ss 91, 233, 439C(c), 446A, 459A, 459B, 461, 467B, 468, 500(2), 513B, 513C, 588FJ, Pt 5.3A Cases Cited: Citrix Systems Inc v Tele Systems Learning Pty Ltd (in Liq) (1998) 28 ACSR 529 Deputy Commissioner of Taxation v Tull Reinforcing Pty Ltd [2006] FCA 810 In the matter of Kimberley Diamond Company Pty Ltd (in liq) [2017] NSWSC 538 Re Evcorp Grains Pty Ltd (No 2) [2014] NSWSC 155 Re Patterson Group Pty Ltd (in liq) [2014] NSWSC 1927 Category: Principal judgment Parties: Sky 5 Pty Ltd (Plaintiff) SPG Projects Pty Ltd (in liq) (Defendant) Winterlong Project Services Pty Ltd (Supporting creditor) Representation: Solicitors: Case Legal (Plaintiff) Gilbert & Tobin Lawyers (Defendant) L Price (director, Winterlong Project Services Pty Ltd)