In the matter of Empire Scaffolding Pty Limited [2020] NSWSC 309

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Empire Scaffolding Pty Limited [2020] NSWSC 309 Hearing dates: 23 March 2020 Date of orders: 23 March 2020 Decision date: 23 March 2020 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Dispense with the requirements of section 465A(1)(b) and 465A(1)(c) of the Corporations Act 2001 (Cth) to serve the application on the company within 14 days of filing and advertise.

Order the defendant be wound up in insolvency and appoint a liquidator. Catchwords: CORPORATIONS – winding up – director withdrew registered office after service of statutory demand – by default, registered office became address of director – plaintiff knew director no longer at that address – director finally located by private investigator – Court's exercise of discretion under section 467(3)(b) of the Corporations Act 2001 (Cth) – principles at [11]-[13] Legislation Cited: Corporations Act 2001 (Cth), ss 143(3), 459A, 459P, 465A, 467(3)(b) Supreme Court (Corporations) Rules 1999, r 5.6(2) Cases Cited: Carter v Newtel (2003) 44 ACSR 661; [2003] NSWSC 128 In the matter of Aspirion Group Pty Limited (receiver and manager appointed) [2014] NSWSC 39 In the matter of Glen Elgin Retreat Pty Limited [2019] NSWSC 1395 In the matter of The Skippy Film Company Pty Limited [2017] NSWSC 646 In the matters of Seedz Investments Pty Limited, Snap Fitness Double Bay Pty Limited, Yelneh Industries Pty Limited and Fitness Management Pty Limited [2017] NSWSC 650 Kozlowski v JSBG Developments Pty Limited [2010] NSWSC 1022 Texts Cited: Ford, Austin and Ramsay's Principles of Corporations Law Category: Principal judgment Parties: ScafworX Investments Pty Limited (Plaintiff) Empire Scaffolding Pty Limited (Defendant) Representation: Counsel: Mr JC Prowse (Plaintiff) No appearance by Defendant