In the matter of Branded Media Holdings Pty Limited (in liquidation); In the matter of Brand New Media Pty Limited (subject to a Deed of Company Arrangement) [2020] NSWSC 557

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Branded Media Holdings Pty Limited (in liquidation); In the matter of Brand New Media Pty Limited (subject to a Deed of Company Arrangement) [2020] NSWSC 557 Hearing dates: 28 April 2020 Decision date: 13 May 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Direction that liquidators and deed administrators will be justified in determining that specified employees were employed by Brand New Media Pty Limited. Catchwords: CORPORATIONS – winding up – application for directions that liquidators and deed administrators are justified in determining employing entity – whether entity was an employer of record only - where entity had no assets to meet liabilities to employees – where another entity in corporate group paid employees on behalf of the group. Legislation Cited: - Corporations Act 2001 (Cth), s 479(3); Sch 2, s 90-15 - Fair Entitlements Guarantee Act 2012 (Cth) - Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: - Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (2011) 198 FCR 174 - Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034 - Golden Plains Fodder Australia Pty Ltd v Millard [2007] SASC 391; (2007) 99 SASR 461 - Gothard (recs & mgrs of AFG Pty Ltd) (in liq) v Davey (2010) 80 ACSR 56 - Re Go Energy Group Ltd [2019] NSWSC 558 - Re Plutus Payroll Australia Pty Ltd (in liq) [2019] NSWSC 1171 - Walley; Re Poles & Underground Pty Ltd (admins apptd) [2017] FCA 486 - Warner (liquidator), Re Sakr Bros Pty Ltd (in liq) [2019] FCA 547 Category: Principal judgment Parties: Ronald John Dean-Willcocks and Anthony Wayne Elkerton (Plaintiffs) Commonwealth of Australia represented by the Attorney General (appearing under 2.13 of the Supreme Court (Corporations) Rules ) Representation: Counsel: A Gotting (Plaintiffs) M Izzo SC/A Smith (Commonwealth of Australia represented by the Attorney General)