In the matter of Roadstar Trucking Pty Ltd (in liquidation) [2024] NSWSC 283

In the matter of Roadstar Trucking Pty Ltd (in liquidation) [2024] NSWSC 283

The evidence established a sufficient interim basis for relief under s 1323 of the Corporations Act 2001 (Cth): there was a seriously arguable case that Company assets, vehicles and customer payments had been diverted to or used by Jamrodh Singh, Training and Haulage, supporting claims against Mr Singh for breach of directors' duties or voidable transactions and against Training and Haulage by knowing involvement, knowing receipt or alter ego liability. Narrower relief was justified against Rohinderpal Singh, Amandeep Kaur and Jaspreet Singh because there was a sufficient basis to infer knowing involvement and that Company assets may be in their possession or knowledge. GoDaddy was...

Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Equity Corporations List Application for Interlocutory Freezing Orders Under S 1323 of the Corporations Act 2001 (cth) and Other Interlocutory Orders / Interlocutory Ex Parte Application, Other Than in Respect of Go Daddy Which Was Given Notice
Outcome
Interlocutory orders in the nature of freezing orders and other interlocutory orders made.
Legal Topics
['interlocutory Freezing Orders' 'corporations Act 2001 (cth) S 1323' "liquidators' Powers and Company Assets" 'voidable Transactions' "directors' Duties" 'substituted Service' 'administrator Access to Company Website']
['corporations' 'insolvency' 'equity'] ['interlocutory Freezing Orders' 'corporations Act 2001 (cth) S 1323' "liquidators' Powers and Company Assets" 'voidable Transactions' "directors' Duties" 'substituted Service' 'administrator Access to Company Website']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Corporations List Application for Interlocutory Freezing Orders Under S 1323 of the Corporations Act 2001 (cth) and Other Interlocutory Orders / Interlocutory Ex Parte Application, Other Than in Respect of Go Daddy Which Was Given Notice

Legal Issues

  1. 1 ['Whether interim orders in the nature of freezing orders should be made under s 1323(3) of the Corporations Act 2001 (Cth) against Jamrodh Singh, Roadstar Truck Training Pty Ltd and Roadstar Haulage Pty Ltd.' 'Whether narrower relief should be granted against Rohinderpal Singh, Amandeep Kaur and Jaspreet Singh in respect of assets of the Company in their possession.' "Whether GoDaddy should be ordered to make available administrator access to the Company's website to the Liquidators." 'Whether orders should be made requiring relevant Defendants to file affidavits identifying the location of Company assets and for substituted service.']

Ratio Decidendi

The evidence established a sufficient interim basis for relief under s 1323 of the Corporations Act 2001 (Cth): there was a seriously arguable case that Company assets, vehicles and customer payments had been diverted to or used by Jamrodh Singh, Training and Haulage, supporting claims against Mr Singh for breach of directors' duties or voidable transactions and against Training and Haulage by knowing involvement, knowing receipt or alter ego liability. Narrower relief was justified against Rohinderpal Singh, Amandeep Kaur and Jaspreet Singh because there was a sufficient basis to infer knowing involvement and that Company assets may be in their possession or knowledge. GoDaddy was...

Court Disposition

Interlocutory orders in the nature of freezing orders and other interlocutory orders made.

Orders

  • ['Orders made under s 1323(3) of the Corporations Act 2001 (Cth) in the nature of freezing orders against Jamrodh Singh, Roadstar Truck Training Pty Ltd and Roadstar Haulage Pty Ltd.' 'Narrower relief granted against Rohinderpal Singh, Amandeep Kaur and Jaspreet Singh limited to assets of the Company in their...