In the matter of Sultan Trad Pty Limited (in liquidation) ACN 132 643 228 [2016] NSWSC 1633

In the matter of Sultan Trad Pty Limited (in liquidation) ACN 132 643 228 [2016] NSWSC 1633

It is not appropriate at this stage to give judicial advice as sought, because it is not yet clear on the evidence whether title to the wine has passed given unresolved matters regarding GST, storage fees, and whether the appropriation of the goods was unconditional; further submissions and/or evidence are required.

Parties
First Plaintiff: Bradd William Morelli in his capacity as liquidator of Sultan Trad Pty Limited (in liq); Second Plaintiff: Sultan Trad Pty Limited (in liquidation) ACN 132 643 228
Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Judicial Advice Application (corporate Insolvency) / Interlocutory (adjournment Pending Further Submissions)
Outcome
Proceedings adjourned for further submissions; no substantive judicial advice given at this stage.
Legal Topics
Liquidators—judicial Advice, Winding Up—assets, Sale of Goods—transfer of Property, Unascertained/future Goods Appropriation, GST and Storage Fees in Company Liquidation
Corporations Equity Commercial Law Liquidators—judicial Advice Winding Up—assets Sale of Goods—transfer of Property Unascertained/future Goods Appropriation GST and Storage Fees in Company Liquidation

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Parties

Bradd William Morelli in his capacity as liquidator of Sultan Trad Pty Limited (in liq)

First Plaintiff

Sultan Trad Pty Limited (in liquidation) ACN 132 643 228

Second Plaintiff

Procedural Posture

Judicial Advice Application (corporate Insolvency) / Interlocutory (adjournment Pending Further Submissions)

Legal Issues

  1. 1 Whether the liquidator is justified in making payments or causing the company to enter into an agreement to obtain delivery of wine held by Inland Trading Company Australia Pty Limited;
  2. 2 Whether the liquidator is justified in dealing with wine or moneys received as assets of the company for the purposes of the winding up;
  3. 3 Whether the wine constituted unascertained and/or future goods, and if/when property in the goods passed under the Sale of Goods Act 1923 (NSW), s 23 rule 5;

Ratio Decidendi

It is not appropriate at this stage to give judicial advice as sought, because it is not yet clear on the evidence whether title to the wine has passed given unresolved matters regarding GST, storage fees, and whether the appropriation of the goods was unconditional; further submissions and/or evidence are required.

Court Disposition

Proceedings adjourned for further submissions; no substantive judicial advice given at this stage.

Orders

  • The proceedings be adjourned to Monday, 28 November at 10am in the Corporations Judge's directions list.