PNR International Pty Ltd v CII Group Pty Ltd
[2024] NSWSC 701
At a glance
Source factsCourt
Supreme Court of NSW
Decision date
2024-06-07
Before
McGrath J
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
INTRODUCTION
- This is an application brought by Andrew Sallway and Duncan Clubb, the Provisional Liquidators of Crown West End Pty Ltd and other companies, being the fourth to fourteenth, sixteenth to thirty-fourth, thirty-eighth, and fortieth to forty-fifth defendants and the fifth cross-defendant in the proceedings, all of which are companies within the broader Crown Group.
- The relevant Crown Group entities, for the purposes of the present application, are Crown West End (the thirtieth defendant), Crown W Pty Ltd and Crown Landmark Pty Ltd (collectively, the Applicants).
- The application is brought pursuant to s 477(2B) of the Corporations Act 2001 (Cth) by interlocutory process filed 31 May 2024 seeking, inter alia, orders nunc pro tunc approving the entry by the Provisional Liquidators on behalf of the Applicants into four separate Agreements, namely two contracts for the sale and purchase of land, a Termination Deed, and a Lease, the specific details of which are canvassed below.
- The court's approval under s 477(2B) is sought retrospectively, in circumstances where the Provisional Liquidators have already assessed that entry into the Agreements will meet the existing demands of the provisional liquidation and where the Provisional Liquidators have, accordingly, executed (or taken steps to execute) the Agreements.
- On 3 June 2024, notice of the application was given to the solicitors for the shareholders of Crown Group Holdings Pty Ltd, the parent company of Crown Group, being companies associated with Paul Sathio and Iwan Sunito.