Global Metal Group Pty Ltd v Fineston Company Ltd

EX TEMPORE Judgment (REVISED)

1. BARRETT AJA: These proceedings were commenced by an originating process filed 22 March 2016 by Global Metal Group Pty Limited (which I shall call "Global"), through its solicitor Mr Jordan. By that originating process, Global made application under s 459G of the Corporations Act 2001 (Cth) for an order setting aside a statutory demand served on it by the defendant, Fineston Company Limited. Mr Kim, solicitor, filed a notice of appearance for Fineston on 1 April 2016.
2. On 23 May 2016, the matter was listed for hearing today and the usual order for hearing was made. Yesterday, my associate emailed the solicitors on the record for Global and Fineston respectively noting that the documents required by the usual order for hearing had not been received.
3. Mr Jordan, the solicitor for Global, replied promptly that Global was in liquidation, that he had informed the liquidator of the court date today and that he had no instructions to appear but would do so as a matter of courtesy, if required.
4. Mr Kim, the solicitor for Fineston, also replied promptly saying that Global had gone into liquidation and that Mr AHJ Wily had been appointed liquidator. He also said that Fineston was seeking to instruct another solicitor in the matter.
5. At my request, the associate then emailed both solicitors saying that the matter would remain in today's list. Mr Mathas, solicitor, subsequently filed a notice of change of solicitor for Fineston.
6. Yesterday afternoon the following letter was received at my Chambers, "Acting Justice Barrett Supreme Court of New South Wales Queens Square SYDNEY NSW 2000 Dear Sir RE: GLOBAL METAL GROUP PTY LIMITED (IN LIQUIDATION) ACN 091 926 582 2016/89199 in the matter of Fineston Company Ltd I was appointed Liquidator of the abovenamed company on 20 June 2016. Formal notification of my appointment is attached for your information. As you will be aware Section 471B of the Corporations Act provides for a stay of proceedings and suspension of enforcement process which provides that a person cannot begin or proceed with: a) a proceeding in a court against the company or in relation to property of the company; or b) enforcement process in relation to such property; except with the leave of the Court and in accordance with such terms (if any) as the Court imposes. Accordingly, in the current circumstances could you please confirm the above proceedings will be now be discontinued. Should you have any further questions please do not hesitate to contact Nelson Huang of this office. Yours faithfully AHJ Wily LIQUIDATOR"