In the matter of Skypac Aviation Pty Ltd (in liquidation) [2019] NSWSC 291

In the matter of Skypac Aviation Pty Ltd (in liquidation) [2019] NSWSC 291

A disposition of property on the day that winding up commences (the section 513C day) is not made 'after' the commencement of the winding up and therefore is not void under section 468(1) of the Corporations Act 2001 (Cth). Summary dismissal was appropriate where there was no reasonable cause of action in law.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Corporations – Application Under Corporations Act 2001 (cth) and Related Interlocutory Process / Interlocutory – Strike Out Application and Summary Dismissal
Outcome
Paragraphs 3 and 4 of the Amended Originating Process as against the First and Fifth Defendants dismissed; costs awarded to those defendants.
Legal Topics
['winding Up Commencement' 'void Dispositions' 'summary Dismissal of Pleadings' 'statutory Construction']
['corporations Law' 'civil Procedure'] ['winding Up Commencement' 'void Dispositions' 'summary Dismissal of Pleadings' 'statutory Construction']

Case Brief

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Procedural Posture

Corporations – Application Under Corporations Act 2001 (cth) and Related Interlocutory Process / Interlocutory – Strike Out Application and Summary Dismissal

Legal Issues

  1. 1 ["Whether transactions made on the day administrators are appointed to company under s 436A of the Corporations Act 2001 (Cth), being the 'section 513C day', are void under s 468(1) of the Act" 'Whether the Court can summarily dismiss a claim where the issue is one of statutory interpretation and facts are not in dispute']

Ratio Decidendi

A disposition of property on the day that winding up commences (the section 513C day) is not made 'after' the commencement of the winding up and therefore is not void under section 468(1) of the Corporations Act 2001 (Cth). Summary dismissal was appropriate where there was no reasonable cause of action in law.

Court Disposition

Paragraphs 3 and 4 of the Amended Originating Process as against the First and Fifth Defendants dismissed; costs awarded to those defendants.

Orders

  • ['Pursuant to rule 13.4(b) of the Uniform Civil Procedure Rules 2005, dismiss paragraphs 3 and 4 of the Amended Originating Process as against the First and Fifth Defendants.' "Plaintiffs to pay the First and Fifth Defendants' costs of the Interlocutory Process filed on 12 February 2019."]