Re A.C.N. 167 984 045 Pty Ltd (in liq) [2021] VSC 652 (7 October 2021)

1 The plaintiff, Mr David Mutton, a registered liquidator, was appointed as the sole liquidator of 63 companies during the period 19 July 2016 to 7 September 2021 ('the companies').

2 Mr Mutton is a partner in RSM Australia Partners. He intends to resign from that firm and also to resign as a liquidator of all of the companies as liquidator by 8 October 2021.

3 By reason of those resignations, there will be a vacancy in the office of liquidator for each of the companies which will need to be filled.

4 By an originating process filed 7 September 2021, Mr Mutton makes application pursuant to s 473A of the Corporations Act 2001 (Cth) ('the Act') for orders that Mr Jonathon Colbran be appointed in his stead as liquidator of the companies.

5 Fifty-six of the insolvency administrations are Court ordered liquidations, four are creditors' voluntary liquidations and three are members' voluntary liquidations.

6 The court ordered appointments of Mr Mutton arose by reason of orders of either the Federal Court of Australia or this Court; 47 of them were placed into liquidation by order of the Federal Court of Australia. The balance of the winding up orders were made by this Court.[1]

7 In the decision of the New South Wales Supreme Court in Re Ambridge Investments Pty Ltd,[2] Bergin CJ in Equity considered a similar application under the legislative precursor of s 473(7) of the Act. Her Honour collected the authorities considering the issue as to whether she had jurisdiction to make the orders filling the vacancies arising from a retiring liquidator in respect of winding ups which were ordered by the Federal Court of Australia or whether the application was required to be made to the court who made the original winding up order. After referring to a number of authorities[3] her Honour stated:

On one reading of s 471B of the Act, it might have been thought that the use of the expression "the Court" where it secondly appears meant the same Court that had made the orders for winding up of the company. A similar reading might be applied to s 473(7) of the Act. This is particularly so where the expression used in both sections is "the Court" rather than "a Court". However I agree with the approach adopted in the abovementioned authorities and conclude that the expression "Court" where it secondly appears in s 473(7) may be read as any of the Courts defined in s 58AA of the Act.

In the present case this Court is not being asked to countermand the order of the Federal Court or the order of the Victorian Supreme Court. Rather this Court is asked to make a consequential order in respect of the winding up of those companies by reason of a step taken by the liquidator. The resignations take effect when the liquidator files his memoranda of resignation with the Registrar of the Court pursuant to the Corporations Rules and lodges them with ASIC. It is these steps that create the vacancies. The vacancy must be filled by the Court.

I am satisfied having regard to the approach adopted in the authorities referred to above that this Court does have the power to make the orders sought by the plaintiffs in these proceedings. I am also satisfied that there is a clear benefit in appointing Mr White to ensure continuity within the one firm in respect of each of the liquidators.[4]

8 It is to be noted that s 473(7) of the Act has been repealed on the introduction of the Insolvency Practice Schedule (Corporations) in Schedule 2 of the Act ('IPS'). Section 537(2) of the Act requires a liquidator to lodge a notice of resignation or removal in a prescribed form within 14 days of their resignation or removal. Rule 70‑60 of the Insolvency Practice Rules (Corporations) 2015 (Cth) requires the Australian Securities and Investments Commission ('ASIC') to be notified upon the appointment of an external administrator made under other provisions of the Act or the IPS but not under s 473A.

9 With respect, I agree with her Honour's analysis on this issue and consider that in the circumstances this Court has jurisdiction, if otherwise considered appropriate, to make the orders appointing Mr Colbran to those companies which were placed into liquidation by order of the Federal Court of Australia.

10 Mr Mutton also makes application pursuant to s 499(3)(a) of the Act that Mr Colbran be appointed as liquidator of the entities listed in paragraph 2 of the originating process. Those four companies are in creditors' voluntary liquidation.

11 He also makes application pursuant to ss 90-15 and 90-15(3)(c) of the IPS for orders that Mr Colbran be appointed liquidator of the three entities identified in paragraph 3 of the originating process, which are in members voluntary liquidation. He makes that application as an officer of those companies (by reason of being their liquidator)[5] under s 90-20(1)(d) of the IPS.

12 In addition, he also seeks ancillary orders that Mr Colbran not be required to perform tasks in the liquidations which have already been undertaken by Mr Mutton.

13 On 29 September 2021, I made orders substantially in terms of the relief sought in the originating process and these are my reasons for doing so.

14 Mr Mutton relies on his affidavit affirmed 7 September 2021, together with an affidavit of Mr Colbran sworn 7 September 2021 and of Jamie Cabuka affirmed 29 September 2021.

15 Rule 2.8 of the Supreme Court (Corporations) Rules 2013 (Vic) requires that a person making an application under s 90-20 of the IPS for an order under s 90-15 of the IPS must (unless the Court otherwise orders) serve on ASIC a copy of the originating process and the supporting affidavit in respect of the application a reasonable time before the hearing of the application.

16 Mr Cabuka's affidavit deposes that on 13 September 2021 he served ASIC with this application together with the affidavits of Mr Mutton and Mr Colbran by ordinary prepaid post. Ms Caldwell, who appeared on behalf of Mr Mutton at the return of the application, indicated there had been no response from ASIC.

17 In his affidavit, Mr Mutton states that after six years as a registered liquidator, he intends to resign from RSM Australia Partners on 8 October 2021 and also to resign as liquidator of the companies by that date.

18 He proposes that Mr Colbran, who is also a partner of RSM Australia Partners and a registered liquidator, has considerable experience in corporate restructuring and insolvency and ought be appointed to fill the vacancies arising by reason of his resignation. Mr Mutton exhibits Mr Colbran's curriculum vitae which reveals that he is a member of the Australian Restructuring Insolvency and Turnaround Association and of Chartered Accountants of Australia and New Zealand. Mr Colbran has previously been appointed to a number of large and complex insolvency administrations including Corio Bay Dairy Group Pty Limited (In Liquidation) and Dataflex Pty Limited (In Liquidation). Mr Mutton states his belief that Mr Colbran is a suitably qualified and experienced person to be appointed as liquidator to each of the companies upon Mr Mutton's retirement. He notes that Mr Colbran has provided his consent to act in relation to each of the liquidations as required by s 532(9) of the Act and r 5.5(2) of the Supreme Court (Corporations) Rules 2013 (Vic).

19 Mr Mutton states his belief that Mr Colbran's appointment will allow for continuity in the liquidations of the companies by reason that the current employees of RSM Australia Partners who have been involved in these liquidations will be able to continue working on these administrations.

20 Mr Mutton states that he has provided, and intends to continue to provide, Mr Colbran with further background and briefings on each liquidation prior to the date he resigns to ensure that the liquidation of each of the companies can proceed uninterrupted and as efficiently as possible. Mr Mutton states that much of the work to transfer these liquidations has already taken place as the staff of RSM Australia Partners working on these liquidations with him are available to continue to assist Mr Colbran to complete the liquidations. He states his belief that it is in the interests of the creditors of each of the liquidations for Mr Colbran to be appointed as liquidator.

21 Mr Mutton states that following his appointment to each of the companies (save for the members' voluntary liquidations, where no creditors have been identified) and the companies to which he was appointed liquidator prior to the introduction of the Insolvency Law Reform Act 2016 (Cth) ('ILRA') which introduced the reporting requirements of rr 70-30 and 70-40 of the Insolvency Practice Rules (Corporations) 2016 (Cth) ('IPR'), he has issued reports to creditors of each of the companies as required by rr 70-30 and 70-40 of the IPR. These reports deal with the following matters:

(a) the rates of remuneration he intended to charge during the liquidation;

(b) the rights of creditors to request information in the liquidation;

(c) the companies' estimated assets and liabilities;

(d) possible recovery actions;

(e) what occurred in relation to the businesses conducted by the companies;

(f) the likelihood of creditors receiving a dividend before the affairs of the companies are fully wound up; and

(g) details of his inquiries undertaken in the liquidation.

22 Mr Mutton exhibits a spreadsheet identifying the companies for which he has issued reports to creditors under rr 70-30 and 70-40 of the IPR. He also identifies in a separate spreadsheet the Court ordered liquidations and creditors' voluntary liquidations for which he has not issued reports to creditors pursuant to those provisions, being companies to which he was appointed sole liquidator prior to the introduction of the provisions of rr 70-30 and 70-40. He identifies in another spreadsheet the members' voluntary liquidations for which, by reason that no creditors have been identified, he has not issued reports to creditors pursuant to those provisions of the IPR.

23 Mr Mutton states that it is his understanding that when there is a change in liquidator, a new appointee is required to issue a report to creditors containing substantially the same information as that contained in any initial reports. He states that he has been informed by Mr Colbran and believes that in the event that Mr Colbran is required to provide such a further report to creditors, this will involve a cost of approximately $191,000 to prepare the reports. He provides a breakdown of the calculation of that figure.

24 Mr Mutton states that he has been informed by Mr Colbran that Mr Colbran intends to continue to apply the same rates of remuneration in the liquidations of the companies the subject of this application if he is appointed. Further, Mr Mutton states that the creditors for each of these entities have already received notice regarding their rights to request information in the liquidation. In this regard, Mr Mutton states he has been informed by Mr Colbran that he intends to issue a circular to creditors notifying them of the change in appointment as soon as practicable.

25 Mr Mutton states that he is also informed by Mr Colbran that he intends to issue reports pursuant to rr 70-30 and 70-40 of the IPR to creditors of each of the companies to which Mr Mutton was appointed sole liquidator prior to the commencement of the IPS. For this reason, Mr Mutton states his opinion that it will be in the interests of creditors for the Court to excuse Mr Colbran from providing an initial report to creditors in the usual form as this would be duplicating work which has already been performed in the liquidations, at some considerable cost. Instead, he states his belief that it is in the interests of creditors for Mr Colbran to simply notify creditors of his appointment and confirm that the same rates of remuneration will be applied.

26 He concludes his affidavit by stating that the cost of the application to appoint Mr Colbran as liquidator of the companies would be borne by RSM Australia Partners and will not be visited on the creditors of the entities concerned.

27 In his affidavit Mr Colbran confirms the matters referred to by Mr Mutton in his affidavit and exhibits a consent to act as liquidator for each of the entities the subject of this application. Mr Colbran confirms that he intends to maintain the same rates of remuneration as those which have been applied by Mr Mutton. He also confirms the estimated cost of reporting to creditors in accordance with ss 70-30 and 70-40 of the IPR which as a replacement liquidator he would be required to carry out pursuant to those provisions.

28 Mr Colbran confirms his understanding, by reason of being informed by Mr Mutton, that the creditors of the companies, save for the members' voluntary liquidations where there are no creditors and the companies to which Mr Mutton was appointed liquidator prior to the commencement of the ILRA which introduced rr 70-30 and 70‑40 of the IPR, have already received reports detailing the matters required by the IPR. Mr Colbran seeks dispensation of the requirement to provide fresh reports to the creditors and instead notify them of his appointments and that the rates of remuneration being charged will not change. He states that the costs associated with this notification will be substantially less than the provision of fresh reports.

29 The relevant provisions dealing with the resignation and filling of vacancies in the office of Court appointed liquidators are found within ss 473 and 473A of the Act.

30 Section 473 provides "A liquidator appointed by the Court may resign.". Section 473A provides relevantly:

(1) A vacancy in the office of a liquidator appointed by the Court may be filled by:

...

(4) If more than one liquidator is appointed under this section, the Court or ASIC (as the case may be) must declare whether anything that is required or authorised by this Act to be done by the liquidator is to be done by all or any one or more of the persons appointed.

...

Section 473A(4) has no application in these circumstances as Mr Mutton's appointment as sole liquidator to each of the companies will be filled by Mr Colbran alone.

31 The provisions concerning filling vacancies of Court appointed liquidators in s 473A(1) of the Act apply whether or not the vacancy in the office of the liquidator occurred before or after the commencement day of the ILRA. Section 1584 of the Act provides that:

Subsection 473A(1) (as inserted by Schedule 2 to the [ILRA]) applies whether or not the vacancy in the office of liquidator occurred before, on or after the commencement day.

(emphasis added)

As such, despite Mr Mutton being appointed to some of the subject insolvency administrations prior to the introduction of s 473A(1),[6] the source of statutory power to appoint Mr Colbran to replace Mr Mutton in the Court appointed liquidations is s 473A(1) of the Act.

32 As to the four entities which are the subject of creditors' voluntary winding up, s 499(3)(a) of the Act provides relevantly :

(3) If a liquidator, other than a liquidator appointed by, or by the direction of, the Court resigns:

(a) the Court...

may fill the vacancy by the appointment of a liquidator.

33 Section 495(2) of the Act provides, in respect of the members' voluntary winding ups:

(2) If a vacancy occurs in the office of a liquidator (whether by death, resignation or otherwise), the company in general meeting may fill the vacancy by the appointment of a liquidator.

Rather than convene meetings of these three entities under members' voluntary winding up, Mr Mutton makes application pursuant to s 90‑15(1) of the IPS, which provides that "[t]he Court may make such orders as it thinks fit in relation to the external administration of a company.". Section 90‑15(3) provides that "[w]ithout limiting subsection (1), those orders may include any one or more of the following: ... (c) an order that another registered liquidator be appointed as the external administrator of the company...". Section 90‑15(2)(b) provides that the Court may exercise the power under s 90‑15(1) on application under s 90‑20 of the IPS. As I have said such an application may be made by, inter alios, an officer of the company, which includes a liquidator of the subject company.

34 I consider that it is appropriate to make an order under s 90‑15(3)(c) rather than require meetings of the companies which are subject to members' voluntary winding up to be convened for reasons both of convenience and cost.

35 I consider that it is appropriate to appoint Mr Colbran to fill the vacancies that will occur when Mr Mutton resigns from his appointments. The evidence indicates that Mr Colbran has appropriate experience and qualifications for such appointments and by reason of him being in the same partnership as Mr Mutton, there are definite advantages in terms of efficiencies, continuity and cost savings to be gained by his appointment.

36 As to the application to absolve Mr Colbran from the obligation to provide information to creditors which has already been provided by Mr Mutton, s 70-50 of the IPS provides that the IPR may make provision in relation to the obligations of external administrators of the companies to give information, provide reports and produce documents to creditors or members. Rules 70-30, 70-35 and 70-40 are among the rules in Division 70 of the IPR which are made for the purpose of s 70-50 of the IPS. In his affidavit, Mr Mutton deposes that initial reports to creditors which have detailed the matters referred to in paragraph [21] above have already been provided by him to creditors in 60 of the 63 liquidations.

37 Mr Mutton seeks an order for a dispensation from the requirement by Mr Colbran to reissue the information which has already been provided by Mr Mutton to creditors. I consider that it is appropriate to order that there be such a dispensation. As has been mentioned, the costs of doing so are significant and I see no point in requiring Mr Colbran to also perform such tasks; much of the information will be identical to the reports previously provided to the creditors by Mr Mutton.

38 I also consider that it is appropriate to make an order permitting Mr Colbran to notify creditors of his appointment by a circular letter to them without the additional requirement of having to provide the prescribed details usually incorporated into an initial report in circumstances where these details have already been provided. Such an order will minimise the costs associated with Mr Colbran's assumption of the responsibilities as liquidator of the companies. The source of the power to make such an order is contained within s 90‑15 of the IPS. The terms of s 90‑15(1) of the IPS provide that the Court may make such orders as it thinks fit in relation to the external administration of a company. The authorities indicate that this provision gives the court very broad powers.[7] I consider it is appropriate to order that, to the extent that the requirements prescribed by the IPR have already been complied with by Mr Mutton, Mr Colbran not be obliged to issue fresh reports to creditors of the type prescribed by rr 70-30 and 70-40 of the IPR.

39 Such order of course does not relieve Mr Colbran from complying with any obligations which might arise henceforth and does not absolve him of the requirement to comply with the IPR where Mr Mutton has not done so.

40 For completeness I set out hereunder the orders that I made on the return of this application on 29 September 2021:

1. Orders 2, 3 and 4 below are to take effect upon the resignation of David Mutton as liquidator of the companies identified in those orders.

2. Pursuant to section 473A of the Corporations Act 2001 (Cth), Jonathon Colbran is appointed as the liquidator of:

(a) A.C.N 167 984 045 Pty Ltd (In Liquidation) (ACN 167984045);

(b) A.C.N. 610 203 695 Pty Ltd (In Liquidation) (ACN 610203695);

(c) Altitude Leisure Pty. Ltd. (In Liquidation) (ACN 110425833);

(d) Alvanni Holdings Pty Ltd (In Liquidation) (ACN 151103221);

(e) Anikha Pty Ltd (In Liquidation) (ACN 134111489);

(f) ATCO Corporation Pty Ltd (In Liquidation) (ACN 131016076);

(g) Balsub Pty Ltd (In Liquidation) (ACN 109715853);

(h) Bennett Investments (VIC) Pty Ltd (In Liquidation) (ACN 120726098);

(i) Beyprop Pty Ltd (In Liquidation) (ACN 118567481);

(j) Big Truck Little Truck Pty Ltd (In Liquidation) (ACN 117372415);

(k) C & C Construction Pty Ltd (In Liquidation) (ACN 614133256);

(l) C & D Recycling Pty Ltd (In Liquidation) (ACN 165693603);

(m) Carlin Property Services Pty. Ltd (In Liquidation) (ACN 105200191);

(n) CK Installations Pty. Ltd. (In Liquidation) (ACN 600523233);

(o) Coverbridge Pty Ltd (In Liquidation) (ACN 136110944);

(p) Data Australia Pty Limited (In Liquidation) (ACN 168905815);

(q) Davdot Pty Ltd (In Liquidation) (ACN 111381741);

(r) EAD Concepts Pty Ltd (In Liquidation) (ACN 145899485);

(s) Establishment 5 Developments Pty Ltd (In Liquidation) (ACN 154426614);

(t) Focus Balwyn Pty. Ltd. (In Liquidation) (ACN 006830986);

(u) General Lee Pty. Ltd. (In Liquidation) (ACN 116341096);

(v) H.V. McNab & Son Pty. Ltd. (In Liquidation) (ACN 110831895);

(w) Hair Booth Pty Ltd (In Liquidation) (ACN 146338169);

(x) HB Aus Enterprises Pty Ltd (In Liquidation) (ACN 143488395);

(y) Iclaudius Technologies Pty Ltd (In Liquidation) (ACN 064645825);

(z) J C Admin Pty Ltd (In Liquidation) (ACN 094860545);

(aa) JLK Consulting Pty Ltd (In Liquidation) (ACN 091305029);

(bb) JM Lowry Investments Pty Ltd (In Liquidation) (ACN 165220753);

(cc) Kenshusei International Pty Ltd (In Liquidation) (ACN 073765278);

(dd) Kiahmali Pty. Ltd (In Liquidation) (ACN 110894945);

(ee) LAF College of Vocational Education Pty Ltd (In Liquidation) (ACN 134851826);

(ff) Macxsec Solutions Pty Ltd (In Liquidation) (ACN 144043121);

(gg) Master Marketing Pty Ltd (In Liquidation) (ACN 167941415);

(hh) Melbourne Tiling Pro's Pty Ltd (In Liquidation) (ACN 151400850);

(ii) Milkbar Nominees Pty. Ltd. (In Liquidation) (ACN 087569702);

(jj) Mua Ban Pty Ltd (In Liquidation) (ACN 155862025);

(kk) New Point Groups Pty Ltd (In Liquidation) (ACN 121858982);

(ll) Orco Projects Pty Ltd (In Liquidation) (ACN 097316875);

(mm) Original Co. Pty Ltd (In Liquidation) (ACN 159245486);

(nn) P & A Wolrdwide Pty. Ltd. (In Liquidation) (ACN 164506290);

(oo) Paddock Securities Pty Ltd (In Liquidation) (ACN 614628607);

(pp) Pathania Pty. Ltd. (In Liquidation) (ACN 601024275);

(qq) Power Office Furniture Melbourne Pty Ltd (In Liquidation) (ACN 152452518);

(rr) Project Tiling Group Pty Ltd (In Liquidation) (ACN 600460955);

(ss) Quebec Investments Pty Ltd (In Liquidation) (ACN 080436960);

(tt) Raftery Creek Pty Ltd (In Liquidation) (ACN 145766650);

(uu) Richflow Pty. Ltd. (In Liquidation) (ACN 007094886);

(vv) Sawyer Fire Systems Pty Ltd (In Liquidation) (ACN 167848713);

(ww) Scrimmage Pty Ltd (In Liquidation) (ACN 144528067);

(xx) Seconda Pty Ltd (In Liquidation) (ACN 157939056);

(yy) Star Trading Pty. Ltd. (In Liquidation) (ACN 099774679);

(zz) T K Steelfixing and Concrete Pty. Ltd (In Liquidation) (ACN 160965140);

(aaa) The Horse Shed Shop (Aust) Pty Ltd (In Liquidation) (ACN 160261183);

(bbb) TNC.Aust Pty Ltd (In Liquidation) (ACN 163067178);

(ccc) Western Transport Services Pty Ltd (In Liquidation) (ACN 119827299); and

(ddd) Wyama Pty. Ltd. (In Liquidation) (ACN 064074826).

3. Pursuant to section 499(3)(a) of the Corporations Act 2001 (Cth), Jonathon Colbran is appointed as the liquidator of:

(a) Able Demolitions & Evacuations Pty. Ltd. (In Liquidation) (ACN 005639449);

(b) Chadwick Grimmond Consulting Engineers Pty Ltd (In Liquidation) (ACN 127508623);

(c) Concept Concrete Pty Ltd (In Liquidation) (ACN 157742526); and

(d) Mirrocote Pty. Ltd. (In Liquidation) (ACN 062229725).

4. Pursuant to sections 90-15(1) and 90-15(3)(c) of the Insolvency Practice Schedule (Corporations) (Schedule 2 of the Corporations Act 2001 (Cth)), Jonathon Colbran is appointed as the liquidator of:

(a) Figtree La Trobe Pty Ltd (In Liquidation) (ACN 601325311);

(b) Griffiths Equipment Pty Ltd (In Liquidation) (ACN 604594407); and

(c) Rheinmetall Electronics Pty Ltd (In Liquidation) (ACN 153169610).

5. Mr Colbran is not required to perform tasks that are required to be performed by sections 70-30 and 70-40 of the Insolvency Practice Rules (Corporations) 2016 (Cth) which have already been performed by Mr Mutton in the liquidations of the companies identified in orders 2, 3 and 4 above.

6. Creditors of each of the companies identified in orders 2, 3 and 4 above are to be notified by circular letter sent to their last known address as to the matters set out in paragraph 10 of the affidavit of Jonathon Colbran sworn 7 September 2021.

DAVID MARK MUTTON in his capacity as Liquidator of:

A.C.N 167 984 045 Pty Ltd (In Liquidation) (ACN 167 984 045)

A.C.N. 610 203 695 Pty Ltd (In Liquidation) (ACN 610203695)

Able Demolitions & Evacuations Pty. Ltd. (In Liquidation) (ACN 005639449)

Altitude Leisure Pty. Ltd. (In Liquidation) (ACN 110425833)

Alvanni Holdings Pty Ltd (In Liquidation) (ACN 151103221)

ATCO Corporation Pty Ltd (In Liquidation) (ACN 131016076)

Bennett Investments (VIC) Pty Ltd (In Liquidation) (ACN 120726098)

Big Truck Little Truck Pty Ltd (In Liquidation) (ACN 117372415)

C & C Construction Pty Ltd (In Liquidation) (ACN 614133256)

C & D Recycling Pty Ltd (In Liquidation) (ACN 165693603)

Carlin Property Services Pty. Ltd (In Liquidation) (ACN 105200191)

Chadwick Grimmond Consulting Engineers Pty Ltd (In Liquidation) (ACN 127508623)

CK Installations Pty. Ltd. (In Liquidation) (ACN 600523233)

Concept Concrete Pty Ltd (In Liquidation) (ACN 157742526)

Coverbridge Pty Ltd (In Liquidation) (ACN 136110944)

Data Australia Pty Limited (In Liquidation) (ACN 168905815)

EAD Concepts Pty Ltd (In Liquidation) (ACN 145899485)

Establishment 5 Developments Pty Ltd (In Liquidation) (ACN 154426614)

Figtree La Trobe Pty Ltd (In Liquidation) (ACN 601325311)

Focus Balwyn Pty. Ltd. (In Liquidation) (ACN 006830986)

General Lee Pty. Ltd. (In Liquidation) (ACN 116341096)

Griffiths Equipment Pty Ltd (In Liquidation) (ACN 604594407)

H.V. McNab & Son Pty. Ltd. (In Liquidation) (ACN 110831895)

Hair Booth Pty Ltd (In Liquidation) (ACN 146338169)

HB Aus Enterprises Pty Ltd (In Liquidation) (ACN 143488395)

Iclaudius Technologies Pty Ltd (In Liquidation) (ACN 064645825)

JLK Consulting Pty Ltd (In Liquidation) (ACN 091305029)

JM Lowry Investments Pty Ltd (In Liquidation) (ACN 165220753)

Kenshusei International Pty Ltd (In Liquidation) (ACN 073765278)

LAF College of Vocational Education Pty Ltd (In Liquidation) (ACN 134851826)

Macxsec Solutions Pty Ltd (In Liquidation) (ACN 144043121)

Master Marketing Pty Ltd (In Liquidation) (ACN 167941415)

Melbourne Tiling Pro's Pty Ltd (In Liquidation) (ACN 151400850)

Milkbar Nominees Pty. Ltd. (In Liquidation) (ACN 087569702)

Mirrocote Pty. Ltd. (In Liquidation) (ACN 062229725)

New Point Groups Pty Ltd (In Liquidation) (ACN 121858982)

Orco Projects Pty Ltd (In Liquidation) (ACN 097316875)

Original Co. Pty Ltd (In Liquidation) (ACN 159245486)

P & A Wolrdwide Pty. Ltd. (In Liquidation) (ACN 164506290)

Paddock Securities Pty Ltd (In Liquidation) (ACN 614628607)

Pathania Pty. Ltd. (In Liquidation) (ACN 601024275)

Power Office Furniture Melbourne Pty Ltd (In Liquidation) (ACN 152452518)

Project Tiling Group Pty Ltd (In Liquidation) (ACN 600460955)

Quebec Investments Pty Ltd (In Liquidation) (ACN 080436960)

Raftery Creek Pty Ltd (In Liquidation) (ACN 145766650)

Rheinmetall Electronics Pty Ltd (In Liquidation) (ACN 153169610)

Richflow Pty. Ltd. (In Liquidation) (ACN 007094886)

Sawyer Fire Systems Pty Ltd (In Liquidation) (ACN 167848713)

Star Trading Pty. Ltd. (In Liquidation) (ACN 099774679)

T K Steelfixing and Concrete Pty. Ltd (In Liquidation) (ACN 160965140)

The Horse Shed Shop (Aust) Pty Ltd (In Liquidation) (ACN 160261183)

Western Transport Services Pty Ltd (In Liquidation)

[1] The plaintiff provided a schedule of the companies identifying the Court which made the winding up order appointing Mr Mutton as liquidator. This has been received into evidence and marked Exhibit 1.

[2] [2015] NSWSC 1671 ('Re Ambridge').

[4] Re Ambridge (n 2) [13]-[15] (citations excluded).

[6] The commencement of s 473A of the Act was 1 September 2017. See Re Golden Sands Hospitality Pty Ltd (in liq) [2017] NSWSC 410, [14]-[16].

[7] See GDK Projects Pty Ltd v Umberto Pty Ltd (in liq) [2018] FCA 541, [33].