In the matter of Nansut Pty Ltd (in liq) [2020] NSWSC 69

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Nansut Pty Ltd (in liq) [2020] NSWSC 69 Hearing dates: 10 February 2020 Date of orders: 14 February 2020 Decision date: 14 February 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2)(b), set aside orders 1 and 2 made by the Registrar on 17 December 2019.

(2) The originating process filed on 1 November 2019 be dismissed.

(3) Note that the defendant has paid:

(a) to the plaintiff's solicitor the sum of $14,590.98, comprising $2,930.98 for Council rates and $11,660 (incl GST) for the plaintiff's costs; and (b) to the liquidators' solicitor the sum of $39,789.90 comprising $13,500.00 (incl GST) for the liquidators' remuneration and $26,289.90 (incl GST) for the liquidators' costs and other disbursements.

(4) No order as to costs.

(5) These orders be entered forthwith. Catchwords: CORPORATIONS – winding up – based on statutory demand – where orders made in absence of the company – where creditor's debt and costs now paid – where evidence company solvent – whether Court should terminate winding up Legislation Cited: Corporations Act 2001 (Cth), ss 95A(1), 198G(3)(b), 482 Uniform Civil Procedure Rules 2005 (NSW), (UCPR), r 36.16(2)(b) Cases Cited: Re Day & Night On-line Transport Pty Ltd (in liq) [2018] NSWSC 796 Workers Compensation Nominal Insurer v Detailed Flooring Pty Ltd [2010] NSWSC 1056; (2010) 80 ACSR 1 Category: Principal judgment Parties: Coonamble Shire Council (Plaintiff) Nansut Pty Ltd (in liq) (Defendant) Andrew Bowcher and Timothy Gumbleton (Liquidators) Representation: Counsel: S Bell (Plaintiff) A Edington (Defendant) F Reynolds (Liquidators)